THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ERIC ALLEN DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ERIC S. ALLEN, DEFENDANT–APPELLANT.

KA 17–01591

Decided: March 23, 2018

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

XAVIER AND ASSOCIATES, P.C., ALBANY (MICHAEL C. VISCOSI OF COUNSEL), FOR DEFENDANT–APPELLANT. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while intoxicated (Vehicle and Traffic Law § 1192 [3] ). Contrary to defendant's contention, by pleading guilty, he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (see People v. Walter, 138 AD3d 1479, 1479 [4th Dept 2016], lv denied 27 NY3d 1141 [2016] ). Defendant could not validly reserve his right to appellate review of his statutory speedy trial claim “by obtaining the consent of the prosecutor and the approval of [County Court] at the time the plea [was] entered” (People v. O'Brien, 56 N.Y.2d 1009, 1010 [1982]; see People v. Perez, 51 AD3d 824, 824 [2d Dept 2008], lv denied 11 NY3d 740 [2008] ).

Mark W. Bennett

Clerk of the Court

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