People v. Adams, 56 N.Y.2d 825 (1982)
To preserve a speedy trial claim for appellate review, the defendant must raise the issue in the trial court during the criminal action; raising it only in a prior habeas corpus petition is insufficient.
Summary
The defendant, convicted of criminal possession of a weapon, appealed, arguing he was denied his constitutional and statutory rights to a speedy trial. He had previously raised these claims in a pretrial habeas corpus petition, which was denied. The Court of Appeals affirmed the Appellate Division’s order, holding that because the defendant failed to raise the speedy trial claims in the Supreme Court during the criminal action itself, there was no ruling of the trial court to be reviewed on appeal. The Court emphasized the importance of presenting the issue to the trial court to allow for a proper ruling and record development.
Facts
The defendant was convicted of criminal possession of a weapon in the third degree.
Prior to trial, the defendant filed a petition for a writ of habeas corpus, alleging a denial of his constitutional right to a speedy trial (CPL 30.20) and that the prosecution was not ready for trial within the statutory timeframe (CPL 30.30).
The Appellate Division denied the habeas corpus petition.
The defendant did not raise the speedy trial issues before or during the trial itself (CPL 210.45).
Procedural History
Defendant was convicted in Supreme Court.
Defendant appealed directly to the Court of Appeals from his conviction.
The Court of Appeals had previously dismissed the appeal from the denial of the habeas corpus petition (51 NY2d 1007).
The Appellate Division affirmed the conviction; the Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether a defendant can preserve a speedy trial claim for appellate review when the claim was raised in a pretrial habeas corpus petition but not raised in the Supreme Court during the criminal action itself.
Holding
No, because as a matter of appellate procedure, there was no ruling of the trial court in the criminal action to be reviewed, as the defendant failed to properly raise the issue there.
Court’s Reasoning
The Court of Appeals based its decision on established appellate procedure. It cited People v. Whisby, 48 NY2d 834, and People v. Adams, 38 NY2d 605, emphasizing the requirement that issues be presented to the trial court to preserve them for appellate review.
The Court reasoned that without a ruling by the trial court on the speedy trial claim within the context of the criminal action, the appellate courts lack a proper foundation for review. The prior habeas corpus petition, while addressing the same issue, was a separate proceeding and did not satisfy the requirement of raising the issue in the Supreme Court during the criminal action.
The Court stated that “No application for the relief now sought having been made in Supreme Court in the criminal action and accordingly there having been no denial of a request for such relief, as a matter of appellate procedure, as the Appellate Division recognized, there was no ruling of the trial court in this action to be reviewed by the Appellate Division, or now in our court.”