Majority
p. 896The People of the State of New York, Respondent, v Frank Pinero, Appellant. [678 NYS2d 521]
Appeal by the de
p. 897
fendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 8, 1996, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to his sentence as a second felony offender is without merit (see, People v Bryant, 47 AD2d 51 , 63; People v Leonard, 109 AD2d 754 , 755; People v Anderson, 100 AD2d 937 ; People v Martin, 145 AD2d 440 ).
The defendant’s statutory speedy trial claim was forfeited by his plea of guilty (see, People v O’Brien, 56 NY2d 1009 , 1010; People v Di Donato, 87 NY2d 992 ; People v Deutchman, 240 AD2d 757 ). Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.
Cases cited
- People v. Bryant 47 AD2d 51 at 63 p. 897
- People v. Leonard 109 AD2d 754 at 755 p. 897
- People v. O'Brien 56 NY2d 1009 at 1010 p. 897
- People v. Di Donato 87 NY2d 992 p. 897
- People v. Deutchman 240 AD2d 757 p. 897