People v. Marrero
Court: Appellate Division of the Supreme Court of the State of New York; March 10, 1999; New York; State Appellate Court
Defendant Graffeo appealed a judgment from the County Court of Sullivan County, which convicted him of three counts of criminal sale of a controlled substance in the second degree following his guilty pleas. The charges stemmed from separate indictments dated April 10, 1996, and May 1, 1996, totaling four counts of criminal sale in the second degree and three in the third degree. After being arraigned and represented by counsel, defendant's legal team filed motions leading to the prosecution's notice of readiness for trial on June 4, 1996. On July 8, 1997, Graffeo pleaded guilty to three counts, resulting in a sentence of six years to life as a second felony offender, with terms running concurrently. On appeal, Graffeo claimed a violation of his constitutional right to a speedy trial. However, the court noted that this right can be waived, and since he did not move to dismiss the indictments on these grounds before pleading guilty, he forfeited his claim. The court further clarified that mere delays do not inherently constitute a violation of the right to a speedy trial. The judgment was affirmed, with all justices concurring.