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The People of the State of New York, Respondent, v. Angel Gonzalez, Also Known as Eriveldo Gonzalez, Appellant

New York Supreme Court, Appellate Division1998-09-29
253 A.D.2d 727678 N.Y.S.2d 259

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Opinion

majority opinion

Judgment, Supreme Court, New York County (Peter Benitez, J.), rendered March 6, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s guilty plea constituted a forfeiture of his statutory speedy trial claims (see, People v O’Brien, 56 NY2d 1009). Moreover, at the time of his plea, defendant expressly withdrew his speedy trial motion. Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.