THE SPEEDY TRIAL STATUTE, CPL 30.30, DOES NOT PRECLUDE APPEAL WAIVERS (CT APP).

The Court of Appeals, affirming the Appellate Division, over a three-judge dissent, determined the speedy trial statute, Criminal Procedure Law (CPL) section 30.30, does not preclude appeal waivers:

Before CPL 30.30 (6)’s enactment, it was well settled that a criminal defendant forfeited any statutory speedy trial claim by pleading guilty … . CPL 30.30 (6) abrogates this forfeiture rule: the statute straightforwardly provides that “[a]n order finally denying a motion to dismiss” on statutory speedy trial grounds “shall be reviewable upon an appeal from an ensuing judgment of conviction notwithstanding the fact that such judgment is entered upon a plea of guilty” (CPL 30.30 [6]). The statute’s text does not address appeal waivers in any way; its “notwithstanding” clause is instead directed exclusively to the consequences of a guilty plea. Thus, giving the text its plain meaning, CPL 30.30 (6) does not preclude appeal waivers. People v Ekukpe, 2026 NY Slip Op 06378, CtApp 10-29-26