PEOPLE v. JARVIS (1997)

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered December 1, 1995, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

An indictment charged defendant with a single count of burglary in the second degree, allegedly committed on September 4, 1994.   After defendant's pretrial motion to dismiss the indictment on statutory speedy trial grounds (see, CPL 30.30) was denied by County Court, defendant entered a plea of guilty and was sentenced as a second felony offender to 5 to 10 years in prison.   The plea was entered with the express understanding that defendant waived his right to appeal and withdrew all motions previously made.   On appeal, defendant continues to assert that the indictment should be dismissed on statutory speedy trial grounds.   Defendant's right to claim that he was deprived of a speedy trial under CPL 30.30, however, was forfeited as a result of his entering a plea of guilty (see, People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354;  People v. McDonald, 206 A.D.2d 562, 615 N.Y.S.2d 1012;  People v. Cantie, 201 A.D.2d 805, 806, 609 N.Y.S.2d 864, lv. denied 83 N.Y.2d 850, 612 N.Y.S.2d 381, 634 N.E.2d 982).

ORDERED that the judgment is affirmed.

MERCURE, Justice.

MIKOLL, J.P., and CREW, CASEY and YESAWICH, JJ., concur.