People v. Alex

— Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered May 2, 1991, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The defendant’s statutory speedy trial motion, which was withdrawn by him prior to any ruling by the court, was properly denied by the trial court when the defendant attempted to renew it after the jury’s verdict. By proceeding to trial before the…