People v. Iversen

Appeal by defendant from a judgment of the County Court, Orange County (Isseks, J.), rendered August 25,1978, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to dismiss on the ground that he was denied his constitutional right to a speedy trial (Shea, J.). Judgment affirmed. Defendant’s plea of guilty operated as a waiver of his claimed statutory right to dismissal under CPL 30.30 (see People vFriscia, 51 NY2d 845 ). Moreover, as to defendant’s claim that he was denied his constitutional right to a speedy trial, the record does not demonstrate a constitutional deprivation, particularly in view of defendant’s action in affirmatively seeking to remain in Vermont to contest his extradition for a period of nine months. On balance, no denial of defendant’s constitutional right to a speedy trial has been established here (see People v Taranovich, 37 NY2d 442 ). Mollen, P. J., Damiani, Gulotta and Cohalan, JJ., concur.