Opinion
09-29-2016
The PEOPLE of the State of New York, Respondent, v. Omar CAPELLAN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered November 14, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree (two counts) and reckless endangerment in the first degree, and sentencing him, as a second felony offender, to an aggregate term of six years, unanimously affirmed.
By pleading guilty while his constitutional speedy trial motion remained undecided, defendant abandoned that claim and forfeited any appellate review (see People v. Alexander, 19 N.Y.3d 203, 219, 947 N.Y.S.2d 386, 970 N.E.2d 409 [2012] ; People v. Rodriguez, 50 N.Y.2d 553, 429 N.Y.S.2d 631, 407 N.E.2d 475 [1980] ; People v. Flemming, 27 A.D.3d 257, 811 N.Y.S.2d 35 [1st Dept.2006], lv. denied 7 N.Y.3d 755, 819 N.Y.S.2d 881, 853 N.E.2d 252 [2006] ). Moreover, since defendant's attorney declined to adopt this pro se motion, the court had no duty to entertain it (see People v. Rodriguez, 95 N.Y.2d 497, 502–503, 719 N.Y.S.2d 208, 741 N.E.2d 882 [2000] ). In any event, to the extent the available record would permit review, we find no violation of defendant's constitutional right to a speedy trial (see generally People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ).
MAZZARELLI, J.P., ACOSTA, SAXE, MOSKOWITZ, GESMER, JJ., concur.