People v Douglas
2007 NY Slip Op 09788 [46 AD3d 698]
December 11, 2007
Appellate Division, Second Department
As corrected through Wednesday, February 13, 2008


The People of the State of New York,Respondent,
v
Charles Douglas, Appellant.

[*1]Robert DiDio, Kew Gardens, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and John F. McGoldrick of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered May 4, 2005, convicting him of manslaughter in the first degree and criminalpossession of a controlled substance in the third degree, upon his plea of guilty, and imposingsentence.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to claim that he was deprived of a speedytrial under CPL 30.30 (see People v O'Brien, 56 NY2d 1009, 1010 [1982]). He could notvalidly reserve his right to obtain appellate review of his statutory speedy trial claim merely byobtaining the consent of the prosecutor and the approval of the court at the time his plea wasentered (id.). The defendant's contention that his plea was involuntary is not preserved forappellate review since the defendant failed to move to withdraw his plea on this ground (seePeople v Lopez, 71 NY2d 662, 665 [1988]; People v Cosby, 31 AD3d 660 [2006]). In any event, his contentionis without merit. Prudenti, P.J., Mastro, Santucci and Lifson, JJ., concur.


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