Opinion
December 27, 2000.
Appeal from Judgment of Niagara County Court, Broderick, J. — Burglary, 3rd Degree.
PRESENT: GREEN, J. P., HAYES, HURLBUTT, KEHOE AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him of burglary in the third degree (Penal Law 140.20) and sentencing him to an indeterminate term of incarceration of 2 1/2 to 5 years. Contrary to the contention of defendant, County Court properly determined that he was not denied his statutory right to a speedy trial. The People commenced prosecution of the felony within the applicable statutory time period ( see, CPL 30.30 [a]; People v. Cooper, 219 A.D.2d 426, 433, affd 90 N.Y.2d 292; Matter of Chang v. Rotker, 155 A.D.2d 49, 58). Also contrary to defendant's contentions, the jury's finding that defendant unlawfully entered a homeowner's garage and stole a toolbox is supported by legally sufficient evidence and is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's remaining contentions are not preserved for our review, and we decline to reach them as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).