People v. McCarthy — 104 A.D.2d 713

Majority

p. 713

Fourth Department,

September, 1984

(September 21, 1984)

The People of the State of New York, Respondent, v John C. McCarthy, Appellant.

— Judgment unanimously affirmed. Memorandum: By entering a plea of guilty to a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law as a felony, defendant waived his claim that the People were not ready for trial within the time prescribed by CPL 30.30 (People v Savage, 54 NY2d 697 ; People v Friscia, 51 NY2d 845 ).

While a plea of guilty entered under circumstances demonstrating a knowing and voluntary waiver of the constitutional right to a speedy trial may also operate as a waiver of that right (People v White, 32 NY2d 393 , 399; People v Nelson, 79 AD2d 1093 ), it may not be said here that defendant’s conduct spelled out such a waiver (see People v Chirieleison, 3 NY2d 170 , 173-174). His motion to dismiss on this ground was properly denied,

p. 714

however, because his moving papers were factually and legally insufficient to support the claim (see People v Taranovich, 37 NY2d 442 ) and no hearing was required (see CPL 210.45, subd 5, par [a]). (Appeal from judgment of Monroe County Court, Mark, J. — driving while intoxicated.) Present — Dillon, P. J., Doerr, Green, Moule and Schnepp, JJ.

Cases cited

People v. Savage 54 NY2d 697 N.Y. 1981-07-06 p. 713
People v. Friscia 51 NY2d 845 N.Y. 1980-10-16 p. 713
People v. White 32 NY2d 393 N.Y. 1973-06-06 at 399 p. 713
People v. Chirieleison 3 NY2d 170 N.Y. 1957-07-03 at 173-174 p. 713
People v. Taranovich 37 NY2d 442 N.Y. 1975-07-10 p. 714