PEOPLE v. MENDEZ (1999)

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.

 By pleading guilty, defendant waived his statutory speedy trial claim (People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354).   Since defendant's speedy trial motion, while purportedly raising constitutional issues, failed to address the factors set forth in People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303, and merely raised statutory issues, his constitutional claim is unpreserved (People v. Rowe, 244 A.D.2d 295, 665 N.Y.S.2d 72, lv. denied 91 N.Y.2d 929, 670 N.Y.S.2d 411, 693 N.E.2d 758), and we decline to review it in the interest of justice.   Were we to review this claim, we would reject it (id.).

MEMORANDUM DECISION.