Majority
p. 361The People of the State of New York, Respondent, v Sergio Mendez, Appellant. [688 NYS2d 124]
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered September 8, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 5 years to life, unanimously affirmed.
p. 362
By pleading guilty, defendant waived his statutory speedy trial claim (People v O’Brien, 56 NY2d 1009 ). Since defendant’s speedy trial motion, while purportedly raising constitutional issues, failed to address the factors set forth in People v Taranovich ( 37 NY2d 422 ) and merely raised statutory issues, his constitutional claim is unpreserved (People v Rowe, 244 AD2d 295 , lv denied 91 NY2d 930 ), and we decline to review it in the interest of justice. Were we to review this claim, we would reject it (supra). Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.
Cases cited
- People v. O'Brien 56 NY2d 1009 p. 362