People v. Handlin

• Decision Date: 04 December 1989
• Citation: 156 A.D.2d 380,548 N.Y.S.2d 334
• Parties: The PEOPLE, etc., Respondent, v. Walter HANDLIN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 334

548 N.Y.S.2d 334

156 A.D.2d 380

The PEOPLE, etc., Respondent, v. Walter HANDLIN, Appellant.

Supreme Court, Appellate Division Second Department.

Dec. 4, 1989.

Steven R. Bernhard, Mineola, for appellant.

Patrick Henry, Dist. Atty., Riverhead (Paul M. Hensley, of counsel; Daniel P. McCormick, on the brief), for respondent.

Before MOLLEN, P.J., and LAWRENCE, KOOPER and HARWOOD, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (McInerney, J.), rendered July 29, 1987, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim that his plea of guilty was coerced is unpreserved for appellate review and in any event is refuted by the record (see, People v. Mattocks, 100 A.D.2d 944, 474 N.Y.S.2d 849; see also, People v. Corwise, 120 A.D.2d 604, 502 N.Y.S.2d 223). To the extent that the defendant separately claims that his right to a speedy trial was violated, and to the extent that such a claim might otherwise survive his guilty plea (see, People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168; People v. Walker, 109 A.D.2d 858, 486 N.Y.S.2d 377; see also, People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459, 313 N.E.2d 763; People v. Thomas, 74 A.D.2d 317, 428 N.Y.S.2d 20, affd. 53 N.Y.2d 338, 441 N.Y.S.2d 650, 424 N.E.2d 537), we note that the defendant made no motion to dismiss the indictment on speedy trial grounds. The issue is therefore unpreserved for appellate review ( see, People v. Thomas, supra, at 321). Finally, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed and we discern no basis for disturbing that sentence...