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PEOPLE v. PARILLA

8 N.Y.3d 654 (2007)

870 N.E.2d 142

838 N.Y.S.2d 824

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT PARILLA, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Mark W. Zeno and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Yael V. Levy, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The issue in this appeal is whether defendant was denied effective assistance of counsel when his attorney failed to file a motion to dismiss the indictment on statute of limitations grounds (see CPL 30.10). We conclude that defendant waived review of the statute of limitations issue when he entered his guilty plea.

In 1996, while in prison serving a 7½ to 15 year sentence on charges unrelated to the matter...

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