Opinion
December 3, 1992
Appeal from the Supreme Court, New York County, Richard C. Failla, J., Robert M. Haft, J.
Defendant's contention on appeal that he was denied his constitutional right to a speedy trial is unpreserved for review as a matter of law, his motion to dismiss the indictment having raised only his statutory right to a speedy trial pursuant to CPL 30.30 (People v Lieberman, 47 N.Y.2d 931, 932), which was waived by his guilty plea (People v Friscia, 51 N.Y.2d 845). In any event, review of the constitutional issue is precluded by the lack of an adequate record which it was defendant's burden to provide (People v Olivo, 52 N.Y.2d 309, 320).
Concur — Murphy, P.J., Wallach, Ross, Asch and Rubin, JJ.