Legal Opinion

People v. McCarthy

Appellate Division of the Supreme Court of the State of New York

Decided September 21, 1984Published

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: By entering a plea of guilty to a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law as a felony, defendant waived his claim that the People were not ready for trial within the time prescribed by CPL 30.30 (People v Savage, 54 NY2d 697; People v Friscia, 51 NY2d 845).

While a plea of guilty entered under circumstances demonstrating a knowing and voluntary waiver of the constitutional right to a speedy trial may also operate as a waiver of that right (People v White, 32 NY2d 393, 399; People v Nelson, 79 AD2d 1093), it may not…

2Cases cited6 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. FrisciaNew York Court of Appeals · 1980
  3. People v. WhiteNew York Court of Appeals · 1973
  4. People v. ChirieleisonNew York Court of Appeals · 1957
  5. People v. SavageNew York Court of Appeals · 1981

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