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People v. Leneau

Supreme Court, Appellate Division, Second Department, New York.
Mar 2, 2022
203 A.D.3d 754 (N.Y. App. Div. 2022)

Opinion

2018–07666 Ind. No. 112/16

03-02-2022

The PEOPLE, etc., respondent, v. Ernest LENEAU, appellant.

Patricia Pazner, New York, N.Y. (David L. Goodwin of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and Katherine A. Walecka of counsel), for respondent.


Patricia Pazner, New York, N.Y. (David L. Goodwin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and Katherine A. Walecka of counsel), for respondent.

ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, PAUL WOOTEN, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered March 28, 2018, convicting him of enterprise corruption, conspiracy in the fourth degree, and criminal sale of a firearm in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

In 2014, the defendant and others participated in an enterprise involving the trafficking and sale of illegal firearms. The defendant was convicted, upon his plea of guilty, of enterprise corruption, conspiracy in the fourth degree, and criminal sale of a firearm in the first degree.

The defendant's contention that he was deprived of his constitutional right to a speedy trial is unpreserved for appellate review (see People v. Lieberman, 47 N.Y.2d 931, 932, 419 N.Y.S.2d 946, 393 N.E.2d 1019 ; People v. Dancy, 177 A.D.3d 995, 996, 111 N.Y.S.3d 189 ; People v. Morales, 171 A.D.3d 945, 948, 98 N.Y.S.3d 121 ). In any event, upon review of the relevant factors (see People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 ), the defendant's constitutional right to a speedy trial was not violated (see id. at 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 ; People v. Desselle, 167 A.D.3d 418, 418–419, 86 N.Y.S.3d 887 ).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). The defendant's remaining contention is without merit.

IANNACCI, J.P., RIVERA, WOOTEN and DOWLING, JJ., concur.


Summaries of

People v. Leneau

Supreme Court, Appellate Division, Second Department, New York.
Mar 2, 2022
203 A.D.3d 754 (N.Y. App. Div. 2022)
Case details for

People v. Leneau

Case Details

Full title:The PEOPLE, etc., respondent, v. Ernest LENEAU, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 2, 2022

Citations

203 A.D.3d 754 (N.Y. App. Div. 2022)
203 A.D.3d 754