Opinion
April 14, 1989
Appeal from the Supreme Court, Monroe County, Kennedy, J.
Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant waived any claim that he was deprived of a fair trial based upon pretrial publicity by pleading guilty before the jury selection process was complete or had become protracted (see, People v. Smith, 63 N.Y.2d 41, 69, cert denied 469 U.S. 1227; People v. Parker, 60 N.Y.2d 714, 715; People v. Green, 146 A.D.2d 281). Only the other issue raised by defendant requires comment. Defendant contends that a reversal is required because delay in the appellate process denied him due process of law. We reject this contention because defendant cannot demonstrate that he was prejudiced by any delay (see, People v. Cousart, 58 N.Y.2d 62; People v. Pratt, 149 A.D.2d 956; People v. Gaines, 143 A.D.2d 520, lv denied 73 N.Y.2d 855). We have reviewed the other claims made by defendant and find each to be without merit.