PEOPLE v. MENDEZ (1999)

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

The PEOPLE of the State of New York, Respondent, v. Sergio MENDEZ, Defendant-Appellant.

Decided: March 18, 1999

SULLIVAN, J.P., LERNER, ANDRIAS and SAXE, JJ.

Leslie Catherine Perrin, for Respondent. Michelle Parisien, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered September 8, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 5 years to life, unanimously affirmed.

By pleading guilty, defendant waived his statutory speedy trial claim (People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354). Since defendant's speedy trial motion, while purportedly raising constitutional issues, failed to address the factors set forth in People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303, and merely raised statutory issues, his constitutional claim is unpreserved (People v. Rowe, 244 A.D.2d 295, 665 N.Y.S.2d 72, lv. denied 91 N.Y.2d 929, 670 N.Y.S.2d 411, 693 N.E.2d 758), and we decline to review it in the interest of justice. Were we to review this claim, we would reject it (id.).

MEMORANDUM DECISION.

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Out of date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