People v. Montanus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: When defendant entered a plea of guilty, he forfeited his right to claim that he was deprived of a speedy trial pursuant to CPL 30.30 (People v Suarez, 55 NY2d 940; People v Friscia, 51 NY2d 845). Defendant’s attempt to preserve that issue for review by obtaining the consent of the District Attorney and the approval of the court is of no avail (see People v O’Brien, 56 NY2d 1009, 1010; People v Howe, 56 NY2d 622). Our determination, however, is without prejudice to a postjudgment application by defendant, if he be so advised, challenging the knowing…
2Cases cited5 opinions
- People v. O'BrienNew York Court of Appeals · 1982
- People v. FrisciaNew York Court of Appeals · 1980
- People v. SuarezNew York Court of Appeals · 1982
- People v. HoweNew York Court of Appeals · 1982
- People v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by4 opinions
- People v. LebrunAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BoyceAppellate Division of the Supreme Court of the State of New York · 1989
- In re Christopher F.Appellate Division of the Supreme Court of the State of New York · 1987
- People v. BrickhouseAppellate Division of the Supreme Court of the State of New York · 1990