People v. Mack

306 A.D.2d 115, 759 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 6663

Opinion

—Judgment, Supreme Court, Bronx County (Troy Webber, J.), rendered June 1, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

Defendant’s claim that he was denied his constitutional right to a speedy trial is unpreserved (see People v Jordan, 62 NY2d 825 [1984]; see also People v Rowe, 244 AD2d 295 [1997], lv denied 91 NY2d 930 [1998]), and we decline to review it in the interest of justice. Furthermore, defendant has not provided the minutes of all the adjournments that are relevant to this claim (see People v Olivo, 52 NY2d 309, 320 [1981]). Were we to review this claim, we would find no constitutional violation (see People v Taranovich, 37 NY2d 442 [1975]). Substantial portions of the delay were caused by defendant’s extensive motion practice and his failure to appear in court, necessitating the issuance of a bench warrant, and there was no showing of prejudice. Concur — Rosenberger, J.P., Lerner, Friedman, Marlow and Gonzalez, JJ.