THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LOUIS SERRANO DEFENDANT APPELLANT (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LOUIS SERRANO, DEFENDANT-APPELLANT.

104 Decided: March 20, 2026

PRESENT: BANNISTER, J.P., MONTOUR, SMITH, NOWAK, AND DELCONTE, JJ.

MICHAEL JOS. WITMER, ROCHESTER, FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT.

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 three counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]; [3]) and one count of criminal possession of a weapon in the third degree (§ 265.02 [8]), defendant contends that Supreme Court should have granted that part of his omnibus motion seeking dismissal of the indictment on speedy trial grounds pursuant to CPL 30.30 (1) (a). At the time that defendant entered his plea, however, the court had not expressly decided his statutory speedy trial claim. We therefore conclude that he abandoned that claim and is “foreclosed from pursuing the merits of [it] on appeal” (People v Goodison, 196 AD3d 1049, 1049 [4th Dept 2021], lv denied 37 NY3d 1096 [2021] [internal quotation marks omitted]; see also People v Alexander, 82 AD3d 619, 623-624 [1st Dept 2011], affd 19 NY3d 203 [2012]; People v Hardy, 173 AD3d 1649, 1649-1650 [4th Dept 2019], lv denied 34 NY3d 932 [2019]; cf. People v Williams, 228 AD3d 1314, 1315 [4th Dept 2024]).

Entered: March 20, 2026

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network