Opinion
Filed May 10, 2000.
Appeal from Judgment of Onondaga County Court, Burke, J. — Criminal Possession Controlled Substance, 5th Degree.
Judgment unanimously affirmed.
Present: GREEN, J. P., HAYES, WISNER AND HURLBUTT, JJ.
Memorandum:
Although a constitutional speedy trial claim is not waived by a guilty plea ( see, People v. Callahan, 80 N.Y.2d 273, 282), defendant moved to dismiss the indictment on statutory speedy trial grounds only ( see, CPL 30.30) and thus failed to preserve for our review his present contention that he was denied his constitutional right to a speedy trial ( see, People v. Lieberman, 47 N.Y.2d 931, 932; People v. James, 188 A.D.2d 296). 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. James, supra; see, People v. Larry, 178 A.D.2d 282, 283, lv denied 79 N.Y.2d 1003).