Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE of the State of New York, Respondent, v. Manuel MARRERO, Appellant.
Appeal from a judgment of the County Court of Sullivan County (Ledina, J.), rendered July 15, 1997, convicting defendant upon his plea of guilty of three counts of the crime of criminal sale of a controlled substance in the second degree.
On April 10, 1996 and May 1, 1996, defendant was charged in three separate indictments with a total of four counts of criminal sale of a controlled substance in the second degree and three counts of criminal sale of a controlled substance in the third degree. Thereafter, on May 28, 1996, defendant was arraigned and counsel was assigned to represent him. Defense counsel filed two motions and eventually, on June 4, 1996, the People filed their notice of readiness for trial. On July 8, 1997, defendant entered pleas of guilty to three counts of criminal sale of a controlled substance in the second degree in full satisfaction of the remaining counts. As a result, County Court sentenced defendant as a second felony offender to concurrent indeterminate terms of imprisonment of six years to life. Defendant now appeals contending that his constitutional right to a speedy trial (see, CPL 30.20) was violated.
We begin by acknowledging that the constitutional right to a speedy trial may, indeed, be surrendered (see, People v. Rodriguez, 50 N.Y.2d 553, 557, 429 N.Y.S.2d 631, 407 N.E.2d 475). Since, as defendant readily concedes, prior to the entry of his guilty pleas he made no motion to dismiss the indictments on the ground of denial of the right to a speedy trial, defendant has waived this claim (see, People v. Lawrence, 64 N.Y.2d 200, 203-204, 485 N.Y.S.2d 233, 474 N.E.2d 593; People v. Jordan, 62 N.Y.2d 825, 826, 477 N.Y.S.2d 605, 466 N.E.2d 145; People v. Gates, 238 A.D.2d 729, 731, 657 N.Y.S.2d 101, lv. denied 90 N.Y.2d 905, 663 N.Y.S.2d 517, 686 N.E.2d 229; see also, CPL 210.20[1][g]; [2]; 210.45 [1] ). In any event, mere delay, which is in essence all that the record in this case reflects, is insufficient by itself to constitute a meritorious claim for violation of the right to a speedy trial (see, People v. Taranovich, 37 N.Y.2d 442, 444-447, 373 N.Y.S.2d 79, 335 N.E.2d 303; People v. Kindlon, 217 A.D.2d 793, 794, 629 N.Y.S.2d 827, lv. denied 86 N.Y.2d 844, 634 N.Y.S.2d 453, 658 N.E.2d 231).
ORDERED that the judgment is affirmed.
GRAFFEO, J.
CARDONA, P.J., MIKOLL, YESAWICH JR. and CARPINELLO, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: March 11, 1999
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)