People v. Walker

• Decision Date: 18 March 1985
• Citation: 109 A.D.2d 858,486 N.Y.S.2d 377
• Parties: The PEOPLE, etc., Respondent, v. William WALKER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 377

486 N.Y.S.2d 377

109 A.D.2d 858

The PEOPLE, etc., Respondent, v.William WALKER, Appellant.

Supreme Court, Appellate Division Second Department.

March 18, 1985.

David Pomerantz, Garden City, for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Brian D. Foley, Brooklyn, of counsel; Peter S. Linden, Brooklyn, on the brief), for respondent.

Before GIBBONS, J.P., and BRACKEN, O'CONNOR and BROWN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered on September 30, 1983, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

By his guilty plea, defendant effectively waived any claim that he was deprived of his statutory right to a speedy trial pursuant to CPL § 30.30(People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354).Furthermore, it does not appear that Criminal Term erred in rejecting defendant's constitutionally-based speedy-trial claims (People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303;People v. Williams, 91 A.D.2d 1028, 457 N.Y.S.2d 899).

Defendant's remaining contentions are not preserved for our review (People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938;People v. Cates, 104 A.D.2d 895, 480 N.Y.S.2d 512) and no valid basis for reversal in the interest of...