Opinion
KA 01-01314
December 30, 2002.
Appeal from a judgment of Cayuga County Court (Corning, J.), entered February 22, 2001, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the third degree.
CYNTHIA B. BRENNAN, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHARLES M. THOMAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HAYES, AND GORSKI, 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 of criminal sale of a controlled substance in the third degree (Penal Law § 220.39). Defendant failed to preserve for our review his contention that he was denied his constitutional right to a speedy trial ( see CPL 470.05). Contrary to the further contention of defendant, the bargained-for sentence is neither unduly harsh nor severe.