Opinion
KA 03-02608.
December 30, 2004.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered January 14, 2003. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.
Before: Green, J.P., Pine, Hurlbutt, Martoche and Smith, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10). The knowing, intelligent and voluntary waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence ( see People v. Lococo, 92 NY2d 825, 827). The waiver also encompasses the contention of defendant that he was denied his statutory right to a speedy trial pursuant to CPL 30.30 and, in any event, that contention is forfeited by his plea of guilty ( see People v. Egan, 6 AD3d 1206, 1207, lv denied 3 NY3d 639; People v. Dewitt, 295 AD2d 937, 938, lv denied 98 NY2d 709, 767). Although the further contention of defendant that he was denied his constitutional right to a speedy trial survives both the waiver of the right to appeal and the guilty plea ( see Egan, 6 AD3d at 1207; Dewitt, 295 AD2d at 938), that contention is lacking in merit ( see generally People v. Taranovich, 37 NY2d 442, 444-445).