People v. Pinero

• Decision Date: 28 September 1998
• Citation: 678 N.Y.S.2d 521,253 A.D.2d 896
• Parties: 1998 N.Y. Slip Op. 8471 The PEOPLE, etc., Respondent, v. Frank PINERO, Appellant. . Supreme Court of New York, Appellate Division, Second Department
• Court: New York Supreme Court — Appellate Division

Page 521

678 N.Y.S.2d 521

1998 N.Y. Slip Op. 8471

The PEOPLE, etc., Respondent, v. Frank PINERO, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Supreme Court of New York, Appellate Division, Second Department.

Sept. 28, 1998.

Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Steven J. Loewenthal of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 8, 1996, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to his sentence as a second felony offender is without merit (see, People v. Bryant, 47 A.D.2d 51, 63, 365 N.Y.S.2d 223; People v. Leonard, 109 A.D.2d 754, 755, 486 N.Y.S.2d 69; People v. Anderson, 100 A.D.2d 937, 474 N.Y.S.2d 846; People v. Martin, 145 A.D.2d 440, 535 N.Y.S.2d 977).

The defendant's statutory speedy trial claim was forfeited by his plea of guilty (see, People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354; People v. Di Donato, 87 N.Y.2d 992, 642 N.Y.S.2d 616, 665 N.E.2d 186; People v. Deutchman, 240 A.D.2d 757, 660 N.Y.S.2d 992).

MANGANO, P.J., SULLIVAN, FLORIO and McGINITY, JJ., concur.