People v. Rodriguez

CourtNew York Court of Appeals
Writing for the CourtFUCHSBERG; COOKE
Citation429 N.Y.S.2d 631,407 N.E.2d 475,50 N.Y.2d 553
Decision Date12 June 1980
Parties, 407 N.E.2d 475 The PEOPLE of the State of New York, Respondent, v. Walter RODRIGUEZ, Appellant.

Page 631

429 N.Y.S.2d 631
50 N.Y.2d 553, 407 N.E.2d 475
The PEOPLE of the State of New York, Respondent,
v.
Walter RODRIGUEZ, Appellant.
Court of Appeals of New York.
June 12, 1980.

Page 632

Nancy S. Hobbs and William E. Hellerstein, New York City, for appellant.

Mario Merola, Dist. Atty. (Daniel Taub and Timothy J. McGinn, Asst. Dist. Attys., of counsel), for respondent.

OPINION OF THE COURT

FUCHSBERG, Judge.

On this appeal, defendant relies in the main on his contention that he was deprived of a speedy trial. For the reasons which follow, we conclude that, under the circumstances, that claim must be deemed abandoned and the order of the Appellate Division which affirmed the conviction must be upheld. 1

In the summer of 1972, defendant, Walter Rodriguez, was arrested and charged with various counts of burglary, robbery, grand larceny, assault and possession of a weapon. The case remained untried for more than two years, delays having been occasioned at times by defense requests for postponements and at others under circumstances chargeable to the People.

Crucial here are the litigation events of early fall, 1974. On September 23, defendant moved to dismiss the indictment on the ground that he had been denied his constitutional right to a speedy trial (U.S.Const., 6th Amdt.). Ten days later, the defense was granted a six-week adjournment of the trial in order to alleviate conflicts in counsel's schedule. On October 8, the trial court, construing the motion as one within the compass of both CPL 30.30 and CPL 30.20, ordered a hearing on the extent and reasonableness of the delay.

For reasons undisclosed by the record, no speedy trial hearing was held. When the prearranged trial date, November 18, arrived, defendant neither asked for an opportunity to have such a hearing slated nor reiterated his contention that the delay entitled him to a dismissal. And he in no way indicated that the passage of 40 days since the hearing had been ordered was other than volitional on his part. Instead, the defense indicated without qualification that it was ready to proceed to trial and, in its sole fleeting allusion to the speedy trial problem, informed the court that the case had been advanced beyond several older ones because the order emanating from the speedy trial motion commanded the People to "try it or get a dismissal".

No more effective an assertion of the right to a resolution of the speedy trial issue took place the next day, when a Wade identification hearing was scheduled. Indeed, when the court referred to an understanding that, as soon as the reliability of certain identification testimony was resolved, the case would be tried, counsel encouraged that proposed course by agreeing that "(t) here is no reason other than getting (a transcript of the hearing) not to proceed."

And proceed the trial did, again without mention of the speedy trial issue either before the jury rendered its guilty verdict or by postconviction...

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60 practice notes
  • Barill v. Artus, 6:17-CV-06332 EAW
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • December 21, 2020
    ...1122 [786 N.Y.S.2d 879] [2004], lv denied 4 N.Y.3d 803 [795 N.Y.S.2d 178, 828 N.E.2d 94] [2005] ; see generally People v. Rodriguez , 50 N.Y.2d 553, 557 [429 N.Y.S.2d 631, 407 N.E.2d 475] [1980] ). People v. Barill , 120 A.D.3d at 953, 991 N.Y.S.2d 214. The Court has reviewed the record and......
  • People v. Bray
    • United States
    • New York Supreme Court — Appellate Division
    • October 30, 1989
    ...constitutional speedy trial claims (People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459, 313 N.E.2d 763; cf., People v. Rodriguez, 50 N.Y.2d 553, 429 N.Y.S.2d 631, 407 N.E.2d 475); constitutional double jeopardy issues (Menna v. New York, 423 U.S. 61, 96 S.Ct. 241, 46 L.Ed.2d 195); or a pros......
  • People v. Harris
    • United States
    • New York Court of Appeals
    • December 15, 1983
    ...silent will not overcome the presumption against waiver by a defendant of constitutionally guaranteed protections. (People v. Rodriguez, 50 N.Y.2d 553, 557, 429 N.Y.S.2d 631, 407 N.E.2d 475.) To be sure, the record must show "an intentional relinquishment or abandonment of a known right or ......
  • People v. Samuels, Nos. 7X037258
    • United States
    • New York Criminal Court
    • June 16, 2014
    ...of these rights will not overcome the presumption against the waiver of these rights by that defendant. See, People v. Rodriguez, 50 N.Y.2d 553, 557, 429 N.Y.S.2d 631, 407 N.E.2d 475 (1980). See, also, People v. Vickers, 84 A.D.3d 627, 628, 923 N.Y.S.2d 497 (1st Dept, 2011) (guilty plea vac......
  • Request a trial to view additional results
60 cases
  • Barill v. Artus, 6:17-CV-06332 EAW
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • December 21, 2020
    ...1122 [786 N.Y.S.2d 879] [2004], lv denied 4 N.Y.3d 803 [795 N.Y.S.2d 178, 828 N.E.2d 94] [2005] ; see generally People v. Rodriguez , 50 N.Y.2d 553, 557 [429 N.Y.S.2d 631, 407 N.E.2d 475] [1980] ). People v. Barill , 120 A.D.3d at 953, 991 N.Y.S.2d 214. The Court has reviewed the record and......
  • People v. Bray
    • United States
    • New York Supreme Court — Appellate Division
    • October 30, 1989
    ...constitutional speedy trial claims (People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459, 313 N.E.2d 763; cf., People v. Rodriguez, 50 N.Y.2d 553, 429 N.Y.S.2d 631, 407 N.E.2d 475); constitutional double jeopardy issues (Menna v. New York, 423 U.S. 61, 96 S.Ct. 241, 46 L.Ed.2d 195); or a pros......
  • People v. Harris
    • United States
    • New York Court of Appeals
    • December 15, 1983
    ...silent will not overcome the presumption against waiver by a defendant of constitutionally guaranteed protections. (People v. Rodriguez, 50 N.Y.2d 553, 557, 429 N.Y.S.2d 631, 407 N.E.2d 475.) To be sure, the record must show "an intentional relinquishment or abandonment of a known right or ......
  • People v. Samuels, Nos. 7X037258
    • United States
    • New York Criminal Court
    • June 16, 2014
    ...of these rights will not overcome the presumption against the waiver of these rights by that defendant. See, People v. Rodriguez, 50 N.Y.2d 553, 557, 429 N.Y.S.2d 631, 407 N.E.2d 475 (1980). See, also, People v. Vickers, 84 A.D.3d 627, 628, 923 N.Y.S.2d 497 (1st Dept, 2011) (guilty plea vac......
  • Request a trial to view additional results

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