Opinion
KA 02-01722.
December 31, 2003.
Appeal from a judgment of Cayuga County Court (Fandrich, J.), entered July 2, 2002, convicting defendant upon his plea of guilty of promoting prison contraband in the first degree.
JAMES A. LEONE, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of promoting prison contraband in the first degree (Penal Law § 205.25). By pleading guilty, defendant forfeited his contention that County Court erred in denying his motion to dismiss the indictment on the ground that the prosecutor violated 7 NYCRR 251-3.1 (d)(1) by using statements that defendant made at a prison disciplinary hearing against him at the grand jury proceeding ( see People v. Nagle, 308 A.D.2d 390; see also People v. Hansen, 95 N.Y.2d 227, 231-232). The additional contention of defendant that he was deprived of his constitutional right to a speedy trial ( see CPL 30.20) is not supported by the record inasmuch as the alleged eight-month preindictment delay is not inordinately long and defendant can point to no demonstrable prejudice arising from the delay ( see People v. Pratt, 303 A.D.2d 843, 843-844, lv denied 99 N.Y.2d 657; see generally People v. Taranovich, 37 N.Y.2d 442, 444-445).