Opinion
March 29, 2000.
Appeal from Judgment of Cayuga County Court, Corning, J. — Rape, 3rd Degree.
PRESENT: PIGOTT, JR., P. J., WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that his guilty plea was not voluntary, knowing and intelligent ( see generally, People v. Moore, 147 A.D.2d 745; see also, People v. Davis, 161 A.D.2d 787, lv denied 76 N.Y.2d 939). We likewise reject the contention of defendant that the sentence is unduly harsh or severe. Because defendant did not assert in County Court that he was denied his constitutional right to a speedy trial, he has failed to preserve that contention for our review ( see, People v. Moss, 188 A.D.2d 620, 620-621, lv denied 81 N.Y.2d 890; People v. Larry, 178 A.D.2d 282, lv denied 79 N.Y.2d 1003; see also, People v. Ferguson, 192 A.D.2d 800, lv denied 82 N.Y.2d 717), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).