Legal Opinion
People v. Spence
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012PublishedCited by 4 opinions
1Opinion of the Court
Mercure, J.P.
*1478Defendant argues that the indictment must be dismissed pursuant to CPL 30.30 because the People’s statement of readiness was premature in the absence of a formal laboratory report and analysis of the alleged drug that he possessed. His plea of guilty, however, operates as a waiver of any statutory speedy trial claim that he may have had under CPL 30.30 (see People v O’Brien, 56 NY2d 1009, 1010 [1982]; People v Cunningham, 86 AD3d 859, 860 [2011]; see also People v Cain, 24 AD3d 889, 890 [2005], lv denied 7 NY3d 753 [2006]). His further assertion that he was improperly sentenced…
2Cases cited6 opinions
- People v. O'BrienNew York Court of Appeals · 1982
- People v. BouyeaNew York Court of Appeals · 1985
- People v. CalifanoAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. CainAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. LydeckerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WilleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LydeckerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WilleyAppellate Division of the Supreme Court of the State of New York · 2014