People v DeCicco

[*1] People v DeCicco 2014 NY Slip Op 50807(U) Decided on May 9, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 9, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., IANNACCI and TOLBERT, JJ.
2010-3315 N CR

The People of the State of New York, Respondent,

against

Richard DeCicco, Appellant.

Appeal from a judgment of the District Court of Nassau County, First District (Norman Janowitz, J.), entered November 29, 2010. The judgment convicted defendant, upon his plea of guilty, of driving while ability impaired.

ORDERED that the judgment of conviction is affirmed.

In August 2009, defendant was charged with driving while ability impaired by drugs (Vehicle and Traffic Law § 1192 [4]), a misdemeanor. Thereafter, defendant filed an omnibus motion which did not assert any speedy trial claims. In November 2010, defendant pleaded guilty to driving while ability impaired (Vehicle and Traffic Law § 1192 [1]), a traffic infraction. On appeal, defendant contends that the judgment of conviction should be reversed and the accusatory instrument dismissed because his statutory right to a speedy trial (see CPL 30.30) was violated. It is well settled that the statutory right to a speedy trial is forfeited by a guilty plea (see People v O'Brien, 56 NY2d 1009 [1982]; People v Franco, 104 AD3d 790 [2013]; People v Gill, 40 Misc 3d 141[A], 2013 NY Slip Op 51498[U]; [App Term, 2d, 11th & 13th Jud Dists 2013]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Iannacci and Tolbert, JJ., concur.

Decision Date: May 09, 2014