Opinion
KA 01-02562
May 2, 2003.
Appeal from a judgment of Cayuga County Court (Corning, J.), entered November 30, 2001, convicting defendant upon his plea of guilty of assault in the second degree (two counts).
CYNTHIA B. BRENNAN, AUBURN, FOR DEFENDANT-APPELLANT.
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, BURNS, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his contention that he was denied his constitutional right to a speedy trial because he did not move to dismiss the indictment on that ground ( see People v. Jordan, 62 N.Y.2d 825, 826; People v. Weeks, 272 A.D.2d 983, lv denied 95 N.Y.2d 872). The sentence is not unduly harsh or severe.