Opinion
16617 Ind. No. 2597/16 Case No. 2019–4043
11-10-2022
The PEOPLE of the State of New York, Respondent, v. Matthew HALL, Defendant–Appellant.
Caprice R. Jenerson, Office of Appellate Defender, New York (Alexandra Valdez of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.
Caprice R. Jenerson, Office of Appellate Defender, New York (Alexandra Valdez of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.
Renwick, J.P., Oing, Singh, Kennedy, Mendez, JJ.
Judgment, Supreme Court, New York County (Abraham L. Clott, J. at first speedy trial motion; Ann E. Scherzer, J. at second speedy trial motion; Gilbert C. Hong, J. at plea and sentencing), rendered January 3, 2019, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of four years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his statutory speedy trial claims (see People v. Lara–Medina, 195 A.D.3d 542, 145 N.Y.S.3d 804 [1st Dept. 2021], lv denied 37 N.Y.3d 993, 152 N.Y.S.3d 426, 174 N.E.3d 366 [2021] ; People v. Person, 184 A.D.3d 447, 447–448, 126 N.Y.S.3d 14 [1st Dept. 2020], lv denied 35 N.Y.3d 1069, 129 N.Y.S.3d 387, 152 N.E.3d 1189 [2020] ). Furthermore, defendant forfeited review of his speedy trial claim by pleading guilty (see People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354 [1982]. Defendant was convicted before the effective date of the current version of CPL 30.30(6), which prospectively permits defendants who pleaded guilty to raise statutory speedy trial claims on appeal, but which is not retroactive (see Lara–Medina, 195 A.D.3d at 542, 145 N.Y.S.3d 804 ). In People v. Galindo, 38 N.Y.3d 199, 171 N.Y.S.3d 865, 191 N.E.3d 1136 (2022) ), the Court of Appeals recently decided that another amendment to the speedy trial statute was not to be applied retroactively, and we conclude that the Court's analysis applies equally to CPL 30.30(6) (see People v. Omodunbi, 2022 N.Y. Slip Op. 50791[U], 2022 WL 3570009 [App. Term, 2d Dept, 2d, 11th & 13th Jud. Dists. 2022] ).
In any event, if we were to review them, we would find that defendant's speedy trial motions were correctly denied.