People v Perez

2008 NY Slip Op 04549 [51 AD3d 824]

May 13, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York,Respondent, v Eduardo Perez, Appellant.

—[*1]Alan Katz, Garden City, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Jason R. Richards ofcounsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered April 26, 2007, convicting him of burglary in the second degree and grand larcenyin the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to review of his claim that he wasdeprived of a speedy trial under CPL 30.30 (see People v O'Brien, 56 NY2d 1009, 1010[1982]). Moreover, the defendant could not validly reserve his right to obtain appellate review ofhis statutory speedy trial claim by obtaining, when he entered his plea, the consent of theprosecutor and the approval of the court (see People v O'Brien, 56 NY2d at 1010; People v Douglas, 46 AD3d 698[2007]). Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ., concur.