People v. Wait

• Decision Date: 25 April 1996
• Citation: 226 A.D.2d 278,655 N.Y.S.2d 330
• Parties: The PEOPLE of the State of New York, Plaintiff-Respondent, v. Howard A. WAIT, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 330

655 N.Y.S.2d 330

226 A.D.2d 278

The PEOPLE of the State of New York, Plaintiff-Respondent, v. Howard A. WAIT, Defendant-Appellant.

Supreme Court of New York, Appellate Division,

First Department.

April 25, 1996.

Eleanor J. Ostrow, for plaintiff-respondent.

Howard A. Wait, pro se.

Judgments, Supreme court, New York County (Herbert Altman, J.), rendered September 25, 1991, convicting defendant, upon his pleas of guilty, of two counts of attempted robbery in the first degree and one count of burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 to 8 years, 4 to 8 years and 3 1/2 to 7 years, respectively, unanimously affirmed.

Defendant twice sought dismissal of the charges herein on grounds of violation of his statutory right to be brought to trial within six months under CPL 30.30, but never raised the present claim that he was denied his constitutional and statutory right to a speedy trial under CPL 30.20, thereby failing to preserve the latter issue for appellate review (People v. James, 188 A.D.2d 296, 590 N.Y.S.2d 722; People v. Cropper, 202 A.D.2d 603, 604, 609 N.Y.S.2d 288, lv denied 84 N.Y.2d 824, 617 N.Y.S.2d 144, 641 N.E.2d 165). Were we to reach the issue, we would find there was no constitutional violation in a delay of not more than 20 months (People v. Allen, 203 A.D.2d 97, 610 N.Y.S.2d 40, lv denied 83 N.Y.2d 963, 616 N.Y.S.2d 16, 639 N.E.2d 756). Based on the existing record, defendant has failed to establish his claim (People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303). Defendant's remaining contentions, including those raised in his pro se supplemental brief, are without merit.

MILONAS, J.P., and KUPFERMAN, ROSS and TOM, JJ., concur.