Legal Opinion

People v. Felder

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

Decided February 4, 1994No. Appeal No. 1PublishedCited by 18 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: By failing to move to dismiss the indictment before trial on statutory speedy trial grounds, defendant waived any argument that he was denied his right to a speedy trial (see, People v Lawrence, 64 NY2d 200; People v White, 2 NY2d 220, cert denied 353 US 969; People v Maldonado, 154 AD2d 890, lv denied 75 NY2d 772). Defendant was accorded the proper procedure pursuant to CPL 200.60. When defendant chose to remain silent with respect to the previous conviction, the People were entitled to prove the prior conviction because it constituted an element of…

2Cases cited3 opinions

  1. People v. LawrenceNew York Court of Appeals · 1984
  2. People v. WhiteNew York Court of Appeals · 1957
  3. People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by18 opinions

  1. People v. MunizAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. BurroughsAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. GilmoreAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. CooperAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1999

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