People v Bediako
2014 NY Slip Op 04952 [119 AD3d 598]
July 2, 2014
Appellate Division, Second Department
As corrected through Wednesday, August 27, 2014


[*1]
1 The People of the State of New York,Respondent,
v
Kwardo Bediako, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Janet Claire Lê of counsel), for appellant,and appellant pro se.

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

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Hollie, J.), rendered June 24, 2010, convicting him of burglary in the first degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Upon consideration of the factors set forth in Barker v Wingo (407 US 514,530 [1972]) and People v Taranovich (37 NY2d 442, 445 [1975]), we find thatthe defendant was not deprived of his constitutional right to a speedy trial. Further, bypleading guilty, the defendant forfeited his claim that his statutory right to a speedy trialwas violated (see People v O'Brien, 56 NY2d 1009, 1010 [1982]; People vHowe, 56 NY2d 622, 624 [1982]; People v Clary, 52 NY2d 1023 [1981];People v Thill, 52 NY2d 1020, 1021 [1981]; People v Friscia, 51 NY2d845, 847 [1980]).

In addition, the Supreme Court did not improvidently exercise its discretion indenying the defendant's application to withdraw his plea of guilty (see CPL220.60 [3]), as the record supports a finding that his plea was entered knowingly,voluntarily, and intelligently (see People v Tyrell, 22 NY3d 359, 365 [2013]; People v Haffiz, 19 NY3d883, 884 [2012]; People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Lopez, 71 NY2d 662, 666 [1988]). Skelos, J.P., Dillon, Roman andMaltese, JJ., concur.


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