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133 A.D.3d 465

People v. Llorems

Appellate Division of the Supreme Court of the State of New York · decided 2015-11-12

Decided 2015-11-12

¶1 Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered August 13, 2012, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.

¶2 Defendant’s guilty plea forecloses review of his statutory speedy trial claim (see People v O’Brien, 56 NY2d 1009 [1982]). Although a constitutional speedy trial claim survives a guilty plea, defendant’s motion made only a perfunctory reference to the constitutional right to a speedy trial, and relied exclusively on CPL 30.30. Accordingly, defendant did not preserve his constitutional claim (see People v Hazel, 298 AD2d 216 [1st Dept 2002], lv denied 99 NY2d 559 [2002]) and we decline to review it in the interest of justice. As an alternative holding, we find, after considering the factors set forth in People v Taranovich (37 NY2d 442, 445 [1975]), that defendant was not deprived of a speedy trial. Concur — Friedman, J.P., Acosta, Renwick, Andrias and Moskowitz, JJ.

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