People v. White

Chief Judge Fuld.

The defendant, indicted for robbery in the first degree, moved to dismiss his indictment on the ground that his right to a speedy trial had been denied. While that motion was pending, the district attorney offered to allow him to plead to robbery in the third degree (a class D felony; new Penal Law, § 160.05), but only on condition that his acceptance *395take place before his motion was decided.1 Complying with that condition, the defendant entered his plea to the lower crime. On this appeal, two questions are presented for our determination: (1) was the defendant deprived of…