PEOPLE v. ELLISON (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]), defendant contends that County Court should have dismissed the indictment pursuant to CPL 30.30 as a sanction for the People's failure to comply with their discovery obligations under CPL article 245. Although the court adjourned the trial and imposed other sanctions on the People pursuant to CPL 245.80 for their belated disclosure of certain evidence, defendant contends that dismissal of the indictment was the only appropriate sanction given the nature and scope of the People's discovery violations. By pleading guilty, however, defendant forfeited his discovery-related contention (see People v. Weems, 240 A.D.3d 1411, 1411, 235 N.Y.S.3d 875 [4th Dept. 2025]; People v. Adams, 232 A.D.3d 1302, 1303, 222 N.Y.S.3d 841 [4th Dept. 2024], lv denied 42 N.Y.3d 1078, 227 N.Y.S.3d 584, 252 N.E.3d 523 [2025]; People v. Robinson, 225 A.D.3d 1266, 1268, 207 N.Y.S.3d 836 [4th Dept. 2024], lv denied 42 N.Y.3d 1021, 221 N.Y.S.3d 478, 246 N.E.3d 921 [2024]). In any event, defendant's contention lacks merit because the speedy trial requirements of CPL 30.30 do not apply to homicide charges (see CPL 30.30 [3] [a]).