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People v. Clary

52 N.Y.2d 1023 Court N.Y. Decision date 1981-02-24 English

Contents

Majority

p. 1023
The People of the State of New York, Appellant, v Dennis Clary, Respondent.
Argued January 7, 1981;
decided February 24, 1981
p. 1024
APPEARANCES OF COUNSEL
Lawrence T. Kurlander, District Attorney (David, Pogue and Irene K. Dymkar of counsel), for appellant.
Edward J. Nowak, Public Defender, for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.

By his plea of guilty, defendant waived any right to a dismissal resulting from the alleged failure of the People to be ready for trial in conformity with the time limitations of CPL 30.30 (subd 1, par [a]) (People v Friscia, 51 NY2d 845 ; see People v Brothers, 50 NY2d 413 ; cf. People v Adams, 38 NY2d 605 ).

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

Order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.

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