People v. Perez

Decision Date13 May 2008
Docket Number2007-04002.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDUARDO PEREZ, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to review of his claim that he was deprived of a speedy trial under CPL 30.30 (see People v O'Brien, 56 NY2d 1009, 1010 [1982]). Moreover, the defendant could not validly reserve his right to obtain appellate review of his statutory speedy trial claim by obtaining, when he entered his plea, the consent of the prosecutor and the approval of the court (see People v O'Brien, 56 NY2d at 1010; People v Douglas, 46 AD3d 698 [2007]).

Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ., concur.

To continue reading

Request your trial
3 cases
  • People v. Kidd
    • United States
    • New York Supreme Court — Appellate Division
    • November 14, 2012
    ...U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215) and his statutory speedy trial claim were forfeited by his plea of guilty (see People v. Perez, 51 A.D.3d 824, 856 N.Y.S.2d 862;People v. Philips, 30 A.D.3d 621, 817 N.Y.S.2d 373). The defendant's remaining contention in his pro se supplemental brief ......
  • People v. Cameron
    • United States
    • New York Supreme Court — Appellate Division
    • June 5, 2013
    ...of youthful offender treatment was a provident exercise of the Supreme Court's discretion ( seeCPL 720.20[1]; People v. Meriwether, 51 A.D.3d at 824, 859 N.Y.S.2d 208;People v. Kinloch, 7 A.D.3d 734, 735, 777 N.Y.S.2d 185;People v. Gonzalez, 265 A.D.2d 216, 696 N.Y.S.2d 152).SKELOS, J.P., A......
  • People v. Allen
    • United States
    • New York Supreme Court — Appellate Division
    • March 23, 2018
    ...plea [was] entered" ( People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354 [1982] ; see People v. Perez, 51 A.D.3d 824, 824, 856 N.Y.S.2d 862 [2d Dept. 2008], lv denied 11 N.Y.3d 740, 864 N.Y.S.2d 398, 894 N.E.2d 662 [2008] ).It is hereby ORDERED that the judgment so ap......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT