People v. Savage
| Decision Date | 06 July 1981 |
| Citation | 442 N.Y.S.2d 974,426 N.E.2d 468,54 N.Y.2d 697 |
| Parties | , 426 N.E.2d 468 The PEOPLE of the State of New York, Respondent, v. John SAVAGE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 78 A.D.2d 1015, 435 N.Y.S.2d 553, should be affirmed.
Defendant's plea of guilty operated as a waiver of his claim that he was entitled to have the indictment dismissed on the ground that the People were not ready for trial within the time prescribed by CPL 30.30 (People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168). Accordingly, we have no occasion to consider the merits of this statutory "speedy trial" claim in the instant appeal. As to defendant's claim that his conviction should be reversed because he was denied his constitutional right to a speedy trial, although this claim was not waived by his plea, we note only that defendant has not demonstrated a factual or legal basis for the claim (see People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303) and that, consequently, he is not entitled to the relief he seeks.
Order affirmed in a memorandum.
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...dismissed on the ground that the People were not ready for trial within the time prescribed by CPL 30.30" (People v. Savage, 54 N.Y.2d 697, 698, 442 N.Y.S.2d 974, 426 N.E.2d 468; see, People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354; People v. Howe, 56 N.Y.2d 622, 450 N.Y......
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...within the period prescribed by CPL 30.30 (People v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176, 434 N.E.2d 245; People v. Savage, 54 N.Y.2d 697, 442 N.Y.S.2d 974, 426 N.E.2d 468; People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168). Moreover, the record of the plea colloquy ma......
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...we do not consider the merits of defendant's statutory "speedy trial" claim on the instant appeal (People v. Savage, 54 N.Y.2d 697, 698, 442 N.Y.S.2d 974, 426 N.E.2d 468; see, also, People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354). Moreover, defendant's "speedy trial" mo......
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