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People v. Gonzalez

253 A.D.2d 727 Court N.Y. App. Div. Decision date 1998-09-29 English

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p. 727
The People of the State of New York, Respondent, v Angel Gonzalez, Also Known as Eriveldo Gonzalez, Appellant.
[678 NYS2d 259]

Judgment, Supreme Court, New York County (Peter Benitez, J.), rendered March 6, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s guilty plea constituted a forfeiture of his statutory speedy trial claims (see, People v O’Brien, 56 NY2d 1009 ). Moreover, at the time of his plea, defendant expressly withdrew his speedy trial motion. Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.

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