Opinion
2015–09939
07-20-2022
The PEOPLE, etc., respondent, v. Matthew MISLA, appellant.
Patricia Pazner, New York, NY (Brandon Kronstat of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Theresa Yuan of counsel), for respondent.
Patricia Pazner, New York, NY (Brandon Kronstat of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Theresa Yuan of counsel), for respondent.
MARK C. DILLON, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (John B. Latella, J.), rendered December 16, 2014, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court erred in denying his CPL 30.30 motion may not be reviewed on appeal. By pleading guilty, the defendant forfeited appellate review of his claim that he was deprived of his statutory right to a speedy trial pursuant to CPL 30.30 (see People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354 ; People v. Forbes, 203 A.D.3d 949, 161 N.Y.S.3d 820 ; People v. George, 199 A.D.3d 831, 832, 154 N.Y.S.3d 269 ). Contrary to the defendant's contention, CPL 30.30(6), which provides that a statutory speedy trial claim "shall be reviewable upon an appeal from an ensuing judgment of conviction notwithstanding the fact that such judgment [was] entered upon a plea of guilty," does not apply to this case so as to permit the defendant to raise his statutory speedy trial claim on appeal (see People v. Forbes, 203 A.D.3d at 949, 161 N.Y.S.3d 820 ; People v. George, 199 A.D.3d at 832, 154 N.Y.S.3d 269 ; People v. Lara–Medina, 195 A.D.3d 542, 145 N.Y.S.3d 804 ; People v. Duggins, 192 A.D.3d 191, 140 N.Y.S.3d 317 ). That provision, which did not go into effect until after the defendant entered his plea of guilty and the judgment of conviction was rendered (see L 2019, ch 59, part KKK, §§ 1, 2), does not apply retroactively (see People v. Gardner, 204 A.D.3d 1039, 167 N.Y.S.3d 159 ; People v. Forbes, 203 A.D.3d 949, 161 N.Y.S.3d 820 ; People v. George, 199 A.D.3d at 832, 154 N.Y.S.3d 269 ; People v. Lara–Medina, 195 A.D.3d 542, 145 N.Y.S.3d 804 ; People v. Duggins, 192 A.D.3d 191, 140 N.Y.S.3d 317 ).
In light of our determination, we need not reach the defendant's remaining contentions.
DILLON, J.P., ROMAN, MALTESE and DOWLING, JJ., concur.