Opinion
October 2, 1998
Appeal from the Chautauqua County Court, Himelein, J. — Sodomy, 1st Degree.
Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: By pleading guilty before County Court decided his pretrial motion to dismiss on constitutional speedy trial grounds, defendant abandoned his constitutional speedy trial challenge ( see, People v. Callahan, 80 N.Y.2d 273, 281-282; People v. Rodriguez, 50 N.Y.2d 553, 557; People v. Love, 236 A.D.2d 488, 489, lv denied 90 N.Y.2d 895). In any event, upon balancing the relevant factors ( see, People v. Taranovich, 37 N.Y.2d 442, 445), we conclude that defendant's constitutional speedy trial rights were not violated by the delay resulting almost entirely from defendant's preindictment flight from the jurisdiction in order to avoid arrest.