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People v. O'Brien

56 N.Y.2d 1009 Court N.Y. Decision date 1982-06-23 English

Contents

Majority

p. 1009
The People of the State of New York, Respondent, v Anthony O’Brien, Appellant.
Argued June 8, 1982;
decided June 23, 1982
p. 1010
APPEARANCES OF COUNSEL
Robert S. Dean and William E. Hellerstein for appellant.
John J. Santucci, District Attorney (Deborah Carlin Stevens of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

When defendant entered a plea of guilty he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (People v Suarez, 55 NY2d 940 ). Nor may defendant preserve his statutory speedy trial claim for appellate review by obtaining the consent of the prosecutor and the approval of the court at the time the plea is entered (People v Di Raffaele, 55 NY2d 234 ).

p. 1011
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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