People v. Thill
| Decision Date | 24 February 1981 |
| Parties | , 420 N.E.2d 95 The PEOPLE of the State of New York, Appellant, v. Edward THILL, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division 75 A.D.2d 709, 427 N.Y.S.2d 125, should be reversed and the case remitted to that court for a review of the facts.
By pleading guilty, defendant waived his statutory right to assert that he was entitled to dismissal because the People were not ready for trial within the time required by CPL 30.30. (See People v. Clary, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 420 N.E.2d 96; People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168.) He cannot, therefore, test the validity of that claim on appeal.
We reject defendant's argument that the due process clauses of the Federal and State Constitutions require a contrary conclusion.
Order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.
To continue reading
Request your trial
-
People v. Walton
... ... (People v. Clark, 120 Misc.2d 365, 368-69, 466 N.Y.S.2d 211 [Crim.Ct., Kings Co.1983].) ... Although then Justice (now Judge) Hancock argued in dissent in People v. Thill, 75 A.D.2d 709, 711, 712, 427 N.Y.S.2d 125 [4th Dept., 1980], revd. on other grounds 52 N.Y.2d 1020, 1021-22, 438 N.Y.S.2d 297, 420 N.E.2d 95 upon remittitur 81 A.D.2d 754, 440 N.Y.S.2d 583, cert. den. 454 U.S. 829, 102 S.Ct. 122, 70 L.Ed.2d 105 [1981] that the six-day delay between indictment and ... ...
-
People v. Prescott
...N.Y.S.2d 78, 459 N.E.2d 187, supra see also, People v. Howe, 56 N.Y.2d 622, 450 N.Y.S.2d 477, 435 N.E.2d 1092; People v. Thill, 52 N.Y.2d 1020, 438 N.Y.S.2d 297, 420 N.E.2d 95; People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168 ). In such instances, the question is not whet......
-
People v. Hinson
... ... Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168 was decided in October 1980. In that decision the Court determined that a plea of guilty by a defendant who had previously made a speedy trial motion would effectively waive the right to a dismissal; see also People v. Thill, 52 N.Y.2d 1020, 438 N.Y.S.2d 297, 420 N.E.2d 95 and People v. Clary, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 420 N.E.2d 96 and that even in the absence of a waiver the period of time involved in plea bargaining would reduce the period of the People's delay ... Here we have no plea of ... ...
-
People v. Taylor
...right conferred by CPL 30.30 does not (see, People v. Howe, 56 N.Y.2d 622, 450 N.Y.S.2d 477, 435 N.E.2d 1092; People v. Thill, 52 N.Y.2d 1020, 438 N.Y.S.2d 297, 420 N.E.2d 95, cert. denied 454 U.S. 829, 102 S.Ct. 122, 70 L.Ed.2d 105; People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N......
-
G. Speedy Trial
...2d 975, 481 N.Y.S.2d 237 (Crim. Ct., N.Y. Co. 1984). [214] See People v. Thill, 75 A.D.2d 709, 427 N.Y.S.2d 125 (4th Dep't 1980), rev'd, 52 N.Y.2d 1020, 438 N.Y.S.2d 297 (1981); see also People v. Sturgis, 38 N.Y.2d 625, 381 N.Y.S.2d 860 (1976); People v. Rice, 87 A.D.2d 894, 449 N.Y.S.2d 5......