Majority
Appeal from a judgment of the County Court of Sullivan County (Ledina, J.), rendered July 15, 1997, convicting defendant upon his plea of guilty of three counts of the crime of criminal sale of a controlled substance in the second degree.
On April 10, 1996 and May 1, 1996, defendant was charged in three separate indictments with a total of four counts of criminal sale of a controlled substance in the second degree and three counts of criminal sale of a controlled substance in the third degree. Thereafter, on May 28, 1996, defendant was arraigned and counsel was assigned to represent him. Defense counsel filed two motions and eventually, on June 4, 1996, the People filed their notice of readiness for trial. On July 8, 1997, defendant entered pleas of guilty to three counts of criminal sale of a controlled substance in the second degree in full satisfaction of the remaining counts. As a result, County Court sentenced defendant as a second felony offender to concurrent indeterminate terms of imprisonment of six years to life. Defendant now appeals contending that his constitutional right to a speedy trial (see, CPL 30.20) was violated.
We begin by acknowledging that the constitutional right to a speedy trial may, indeed, be surrendered (see, People v Rodriguez, 50 NY2d 553 , 557). Since, as defendant readily concedes, prior to the entry of his guilty pleas he made no motion to dismiss the indictments on the ground of denial of the right to
Cardona, P. J., Mikoll, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the judgment is affirmed.
Cases cited
- People v. Rodriguez 50 NY2d 553 at 557 p. 836
- People v. Lawrence 64 NY2d 200 at 203-204 p. 837
- People v. Jordan 62 NY2d 825 at 826 p. 837
- People v. Gates 238 AD2d 729 at 731 p. 837
- People v. Taranovich 37 NY2d 442 at 444-447 p. 837
- People v. Kindlon 217 AD2d 793 at 794 p. 837