People v. Clary

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.

By his plea of guilty, defendant waived any right to a dismissal resulting from the alleged failure of the People to be ready for trial in conformity with the time limitations of CPL 30.30 (subd 1, par [a]) (People v Friscia, 51 NY2d 845; see People v Brothers, 50 NY2d 413; cf. People v Adams, 38 NY2d 605).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed and case remitted to the Appellate…