PEOPLE v. FUSCO (2023)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Christopher FUSCO, Appellant.

2021-334 D CR

Decided: October 26, 2023

PRESENT: TIMOTHY S. DRISCOLL, J.P., JAMES P. McCORMACK, GRETCHEN WALSH, JJ.

Feldman and Feldman (Steven A. Feldman of counsel), for appellant. Dutchess County District Attorney (Anna K. Diehn of counsel), for respondent.

ORDERED that the judgment of conviction is affirmed.

In October 2020, defendant was arraigned on an accusatory instrument charging him with criminal contempt in the second degree (Penal Law § 215.50 [3]). Thereafter, on January 12, 2021, he pleaded guilty to the charge and was sentenced to time served.

On appeal, defendant contends that his waiver of appeal is unenforceable. A review of the record, however, indicates that defendant did not waive his right to appeal. Defendant also contends that the Justice Court improperly denied his speedy trial motion. Defendant's speedy trial contention is unpreserved for appellate review since it was not raised in his affidavit of errors (see People v Wahl, 75 Misc 3d 40, 45 [App Term, 2d Dept, 9th & 10th Jud Dists 2022]).

Accordingly, the judgment of conviction is affirmed.

DRISCOLL, J.P., McCORMACK and WALSH, JJ., concur.

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