Hyperlawhypertext legal databasebeta People v. Friscia 51 N.Y.2d 845

← Cases

People v. Friscia

51 N.Y.2d 845 Court N.Y. Decision date 1980-10-16 English

Judges Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Contents

Majority

p. 845
The People of the State of New York, Respondent, v Robert Friscia, Appellant.
Argued September 10, 1980;
decided October 16, 1980
p. 846
APPEARANCES OF COUNSEL
Joseph M. Ingarra for appellant.
p. 847
Michael Kavanagh, District Attorney (Susan Shaw of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant seeks a reversal of his conviction on the ground that he was denied his right to a speedy trial. To the extent that his motion for dismissal of the indictment was based on the failure of the People to be ready for trial in conformity with the prescriptions of CPL 30.30, his plea of guilty operated as a waiver of his statutory right to any dismissal (People v Brothers, 50 NY2d 413 , 418). Even in the absence of a waiver, the Appellate Division was warranted in concluding that the period of time to be excluded in consequence of the plea bargaining arrangement extended into December, 1977, thereby reducing the period of the People’s delay in being ready for trial to less than the statutorily prescribed six months.

As to defendant’s claim that he was denied his constitutional right to a speedy trial (CPL 30.20), the proof, which shows a total elapsed time of a few days more than a year, during no part of which was he incarcerated, and seven months of which, it has been found, are attributable not to the People but to defendant’s participation in the plea bargaining arrangement, falls far short of demonstrating constitutional deprivation (People v Taranovich, 37 NY2d 442 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Cases cited