People v. Swain

Appellate Division of the Supreme Court of New York, Second Department · 2023 · Criminal Law

192 N.Y.S.3d 189 (2023)

Updated August 1, 2026

Criminal Lawspeedy trialguilty pleaCPL 30.30forfeitureappealnonretroactivitymotion to dismiss indictment

Facts

The defendant pleaded guilty to vehicular assault in the first degree and driving while intoxicated. Before appeal, he had moved to dismiss the indictment based on an alleged violation of his statutory speedy-trial rights under CPL 30.30, and that motion was denied. After remittitur and a hearing on his motion to withdraw the plea, the County Court denied withdrawal. In a supplemental brief, the defendant abandoned the plea-withdrawal issue and argued only that the denial of his CPL 30.30 motion should be reviewed on appeal despite his guilty plea.

Issue

May a defendant who pleaded guilty obtain appellate review of the denial of a motion to dismiss the indictment based on an alleged CPL 30.30 statutory speedy-trial violation? More specifically, does CPL 30.30(6) permit such review when that provision became effective only after the defendant entered the plea and judgment was rendered?

Rule

By entering a plea of guilty, a defendant forfeits appellate review of a claim that he or she was deprived of the statutory right to a speedy trial under CPL 30.30. Although CPL 30.30(6) makes such a claim reviewable on appeal from a judgment entered on a guilty plea, that provision does not apply when it took effect only after the defendant's plea and judgment, because it does not apply retroactively.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Buffalo, Marcus Doyle was indicted for assault and moved to dismiss on statutory speedy-trial grounds under CPL 30.30. The trial court denied the motion, and Marcus later pleaded guilty. On appeal, he argues only that the denial of his CPL 30.30 motion should be reversed.

How should the appellate court rule?

Explanation. Under the governing rule, a defendant who enters a guilty plea forfeits appellate review of a statutory speedy-trial claim under CPL 30.30. The fact that the motion was made and denied before the plea does not preserve appellate review once the defendant pleads guilty.