Opinion
February 7, 2001.
Appeal from Judgment of Cayuga County Court, Corning, J. — Attempted Assault, 1st Degree.
PRESENT: GREEN, J.P., PINE, HAYES, WISNER AND SCUDDER, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law § 110.00, 120.10). Defendant failed to preserve for our review his contentions that he was denied his constitutional right to a speedy trial ( see, People v. Weeks, 272 A.D.2d 983, lv denied 95 N.Y.2d 872; People v. Beyor, 272 A.D.2d 929, 930, lv denied 95 N.Y.2d 832) and that he was deprived of due process by preindictment delay ( see, People v. Rodriguez, 237 A.D.2d 634, lv denied 89 N.Y.2d 1099; People v. Mike, 212 A.D.2d 999, 1000, lv denied 86 N.Y.2d 738), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). The sentence is neither unduly harsh nor severe.