People v. Suarez

Decision Date11 February 1982
Citation449 N.Y.S.2d 176,434 N.E.2d 245,55 N.Y.2d 940
Parties, 434 N.E.2d 245 The PEOPLE of the State of New York, Respondent, v. Enrique SUAREZ, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division should be affirmed, 80 A.D.2d 658, 436 N.Y.S.2d 408.

Defendant's contention that his rights under CPL 30.30 were violated was forfeited when he entered his plea of guilty (People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168).In addition, and for the reasons stated by the Appellate Division, we find there was no violation of defendant's constitutional right to a speedy trial (seePeople v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303).

JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER, JJ., concur in memorandum.

COOKE, C. J., and JONES, J., taking no part.

Order affirmed.

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44 cases
  • People v. Gooden
    • United States
    • New York Supreme Court — Appellate Division
    • June 26, 1989
    ...trial under CPL 30.30" (People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354, citing People v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176, 434 N.E.2d 245; see also, People v. Coombs, 138 A.D.2d 619, 620, 526 N.Y.S.2d 205; Matter of Christopher F., 126 A.D.2d 975, 511 N.Y.S......
  • People v. Gardner
    • United States
    • New York Supreme Court — Appellate Division
    • April 27, 2022
    ...speedy trial under CPL 30.30 (see People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354 ; People v. Suarez, 55 N.Y.2d 940, 942, 449 N.Y.S.2d 176, 434 N.E.2d 245 ). Contrary to the defendant's contention, the recent amendment to CPL 30.30 does not affect the defendant's f......
  • People v. Jones
    • United States
    • New York Supreme Court — Appellate Division
    • April 10, 1995
    ...by the entry of his guilty pleas (see, People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354; People v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176, 434 N.E.2d 245; People v. Gerber, 182 A.D.2d 252, 589 N.Y.S.2d 171) as well as expressly waived by him as part of his waiver of the ......
  • People v. Nelson
    • United States
    • New York Supreme Court — Appellate Division
    • October 21, 1993
    ...81 N.Y.2d 826, 595 N.Y.S.2d 384, 611 N.E.2d 285), People v. Suarez, 80 A.D.2d 658, 659, 436 N.Y.S.2d 408, aff'd, 55 N.Y.2d 940, 449 N.Y.S.2d 176, 434 N.E.2d 245), in our view it still may be considered, particularly where, as here, defendant is incarcerated 150 miles from his attorney (see,......
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2 books & journal articles
  • G. Speedy Trial
    • United States
    • New York State Bar Association Practical Skills: Criminal Law & Practice (NY) VI Pretrial Motions and Discovery
    • Invalid date
    ...580 N.Y.S.2d 184 (1992). [218] CPL § 30.30(5). [219] People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459 (1974). [220] People v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176 (1982). [221] People v. Lawrence, 64 N.Y.2d 200, 485 N.Y.S.2d 233 (1984). [222] People v. Berkowitz, 50 N.Y.2d 333, 428 N.Y......
  • B. Plea Bargaining Considerations
    • United States
    • New York State Bar Association Practical Skills: Criminal Law & Practice (NY) V Pleas and Plea Bargaining
    • Invalid date
    ...Dreyden, 15 N.Y.3d 100, 905 N.Y.S.2d 542 (2010).[126] People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459 (1974). [127] People v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176 (1982); see People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 (2d Dep't 2014).[128] People v. Seaberg, 74 N.Y.2d 1, 543 N.......