Opinion
July 22, 1991
Appeal from the County Court, Suffolk County (Cacciabaudo, J.).
Ordered that the judgment is affirmed.
The defendant in this case made a pretrial motion to dismiss the indictment on both statutory and constitutional speedy trial grounds (see, CPL 30.20, 30.30 Crim. Proc.; People v Taranovich, 37 N.Y.2d 442, 444-445). However, the defendant's speedy trial argument, to the extent that it is based on statutory rather than constitutional provisions, is beyond the scope of appellate review by virtue of his plea of guilty (see, People v Gooden, 151 A.D.2d 773; see also, People v Fernandez, 67 N.Y.2d 686, 688; People v Prescott, 66 N.Y.2d 216, 220, cert denied 475 U.S. 1150). Moreover, based upon our review of the record on appeal, we find no proof that the defendant's constitutional right to a speedy trial was violated (see, People v Sledge, 122 A.D.2d 293).
We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Harwood and Balletta, JJ., concur.