PEOPLE v. TRACEY (2004)

 Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10[1] ).   The knowing, intelligent and voluntary waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416).   The waiver also encompasses the contention of defendant that he was denied his statutory right to a speedy trial pursuant to CPL 30.30 and, in any event, that contention is forfeited by his plea of guilty (see People v. Egan, 6 A.D.3d 1206, 1207, 775 N.Y.S.2d 714, lv. denied 3 N.Y.3d 639, 782 N.Y.S.2d 410, 816 N.E.2d 200;  People v. Dewitt, 295 A.D.2d 937, 938, 743 N.Y.S.2d 344, lv. denied 98 N.Y.2d 709, 749 N.Y.S.2d 6, 778 N.E.2d 557, 98 N.Y.2d 767, 752 N.Y.S.2d 7, 781 N.E.2d 919).   Although the further contention of defendant that he was denied his constitutional right to a speedy trial survives both the waiver of the right to appeal and the guilty plea (see Egan, 6 A.D.3d at 1207, 775 N.Y.S.2d 714;  Dewitt, 295 A.D.2d at 938, 743 N.Y.S.2d 344), that contention is lacking in merit (see generally People v. Taranovich, 37 N.Y.2d 442, 444-445, 373 N.Y.S.2d 79, 335 N.E.2d 303).

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

MEMORANDUM: