Legal Opinion

People v. Lebron

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

Decided December 5, 2017No. 5140 629/13Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Robert E. Torres, J.), rendered December 16, 2015, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second violent felony offender, to a term of 18 years, unanimously affirmed.

Even if we assume that defense counsel’s highly ambiguous remarks constituted adoption of defendant’s pro se constitutional speedy trial motion (see People v Rodriguez, 95 NY2d 497, 501-503 [2000]), appellate review of this issue is foreclosed because defendant pleaded guilty while the motion remained undecided (see e.g.…

2Cases cited5 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. RodriguezNew York Court of Appeals · 2000
  3. People v. AlexanderNew York Court of Appeals · 2012
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. CapellanAppellate Division of the Supreme Court of the State of New York · 2016

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