Opinion
February 10, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Falsifying Business Records, 1st Degree.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court should have granted his motion to dismiss in part the superior court information because the People failed to establish a prima facie case to support the charge of falsifying business records in the first degree (Penal Law § 175.10). Because defendant withdrew that motion before the court rendered its decision, that issue has not been preserved for our review ( see, CPL 470.05). In any event, defendant waived his right to appellate review of this nonjurisdictional defect in the proceeding by pleading guilty ( see, People v. Fernandez, 67 N.Y.2d 686, 688), and defendant failed to move to withdraw the plea or to vacate the judgment of conviction.
Defendant further contends that his conviction should be reversed because of the two-year delay in perfecting his appeal. Because defendant failed to demonstrate any prejudice resulting from that delay, he was not thereby denied due process of law ( see, People v. Foley, 203 A.D.2d 952, lv denied 83 N.Y.2d 967).