Opinion
9920 Ind. 5992/96
09-26-2019
The PEOPLE of the State of New York, Respondent, v. Jose AGUILAR, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Anjali Pathmanathan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Anjali Pathmanathan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.
"By pleading guilty while his constitutional speedy trial motion remained undecided, defendant abandoned that claim and forfeited any appellate review" ( People v. Capellan , 142 A.D.3d 923, 923, 37 N.Y.S.3d 889 [1st Dept. 2016], lv denied 28 N.Y.3d 1123, 51 N.Y.S.3d 20, 73 N.E.3d 360 [2016] ; see also People v. Alexander , 19 N.Y.3d 203, 219, 947 N.Y.S.2d 386, 970 N.E.2d 409 [2012] ). "Moreover, since defendant's attorney declined to adopt this pro se motion, the court had no duty to entertain it" ( Capellan , 142 A.D.3d at 923, 37 N.Y.S.3d 889 ).
Defendant also failed to preserve his argument concerning the 16–year period during which he remained a fugitive under an outstanding bench warrant, and we decline to review it in the interest of justice. In any event, that period is entirely attributable to defendant.
To the extent the record permits review, we find, after reviewing the factors set forth in People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975], that defendant has not established a violation of his constitutional right to a speedy trial (see e.g. People v. Desselle , 167 A.D.3d 418, 86 N.Y.S.3d 887 [1st Dept. 2018], lv denied 32 N.Y.3d 1203, 99 N.Y.S.3d 238, 122 N.E.3d 1151 [2019] ).
The People concede that the DNA databank fee does not apply, because defendant committed the offense before the effective date of the statute imposing the fee.