| People v Ellison |
| 2018 NY Slip Op 02501 [160 AD3d 1113] |
| April 12, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Damien K. Ellison, Appellant. |
A. Renee Sutton, Elmira, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton, for respondent.
Lynch, J. Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.),rendered September 24, 2014, convicting defendant upon his plea of guilty of the crime ofattempted criminal possession of a controlled substance in the third degree.
By felony complaints dated April 17, 2013, defendant was charged with offenses stemmingfrom his possession of a significant quantity of heroin. On May 28, 2014, the grand jury handedup an indictment charging defendant with two counts of criminal possession of a controlledsubstance in the third degree. Defendant was arraigned on June 2, 2014, the People declared theirreadiness for trial on the same day and, on June 25, 2014, defendant pleaded guilty to one countof attempted criminal possession of a controlled substance in the third degree and waived hisright to appeal. In September 2014, defendant was sentenced as a second felony offender to3
The sole claim that defendant raises on this appeal is that his statutory right to a speedy trialwas violated (see CPL 30.30 [1] [a]). Notwithstanding the People's concession that theappeal waiver is invalid, defendant's statutory speedy trial claim is forfeited by his guilty plea (see People v Fay, 154 AD3d 1178,1180 [2017], lv denied 30 NY3d 1115 [2018]; People v Lydecker, 116 AD3d 1160, 1161 [2014], lv denied24 NY3d 962 [2014]; People v Irvis,90 AD3d 1302, 1303 [2011], lv denied 19 NY3d 962 [2012]). As such, the judgmentis affirmed.
[*2] Egan Jr., J.P., Mulvey, Aarons andPritzker, JJ., concur. Ordered that the judgment is affirmed.