| People v Pizetzky |
| 2007 NY Slip Op 09804 [46 AD3d 709] |
| December 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BrianPizetzky, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.),rendered September 28, 2004, convicting him of criminal possession of a controlled substance inthe fifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant, a sentenced federal prisoner, was produced from federal custody to appear inproceedings in Suffolk County with respect to the instant indictment. On appeal, he contends thathis conviction should be reversed and the indictment dismissed because he was returned tofederal custody prior to a trial on this indictment, and therefore Suffolk County violated his rightsunder article IV (e) of the Interstate Agreement on Detainers, which directs that an indictment bedismissed where "trial is not had" on such indictment "prior to the prisoner's [sic] beingreturned to the original place of imprisonment" (CPL 580.20 [IV] [e]; see generally Alabamav Bozeman, 533 US 146 [2001]). However, appellate review of this issue is foreclosed by hisplea of guilty (see People v Parilla,8 NY3d 654 [2007]; People v Hansen, 95 NY2d 227 [2000]), as well as by hisknowing, voluntary, and intelligent waiver of the right to appeal (see People v Dixon, 41 AD3d 861[2007], lv denied 9 NY3d 922 [2007]; People v Barnes, 41 AD3d 613 [2007], lv denied 9 NY3d921 [2007]). Schmidt, J.P., Skelos, Covello and Balkin, JJ., concur.