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People v. Cooke

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 625 (N.Y. App. Div. 2004)

Opinion

2001-02511.

Decided April 19, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered March 2, 2001, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jennifer Hagan of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, NANCY E. SMITH, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently stipulated on the record that fewer than 180 days of delay were chargeable to the prosecution. Thus, his claim that he was deprived of his statutory right to a speedy trial is abandoned ( see CPL 30.30[1][a]; People v. Callahan, 80 N.Y.2d 273, 282; People v. Rodriguez, 50 N.Y.2d 553; People v. Smith, 249 A.D.2d 426; People v. Love, 236 A.D.2d 488).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.


Summaries of

People v. Cooke

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 625 (N.Y. App. Div. 2004)
Case details for

People v. Cooke

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CARL COOKE, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 2004

Citations

6 A.D.3d 625 (N.Y. App. Div. 2004)
775 N.Y.S.2d 532

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