People v. Alvarez

Appeal from a judgment of the County Court of Greene County (Battisti, Jr., J.), rendered September 24, 1991, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant’s guilty plea forfeited his claim for dismissal of the indictment pursuant to CPL 30.30 (see, People v Howe, 56 NY2d 622). While defendant argues that his reservation of his right to appeal his conviction encompassed the CPL 30.30 claim, defendant’s motion pursuant to CPL 30.30 was made after his guilty plea, and was therefore untimely in any event (see, CPL 210.20 [2]; People v Spears,…