Opinion
15343.
April 14, 2005.
Peters, J. Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered February 2, 2004, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Catherine A. Barber, Schenectady, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Cardona, P.J., Mercure, Spain and Carpinello, JJ., concur.
In satisfaction of a three-count indictment charging defendant with various drug crimes, defendant pleaded guilty in July 2002 to attempted criminal sale of a controlled substance in the third degree. Before he could be sentenced, however, defendant absconded and a bench warrant was issued for his arrest. Defendant was ultimately returned to County Court's jurisdiction in 2004 and sentenced, as a second felony offender and in accordance with the plea agreement, to a prison term of 3 to 6 years. Defendant appeals and we affirm.
Defendant's only contention on appeal is that he was denied his statutory right to a speedy trial ( see CPL 30.30). Upon our review of the record, we find that defendant's knowing, voluntary and intelligent guilty plea operated as a waiver of his right to seek appellate review of this issue ( see People v. Friscia, 51 NY2d 845, 847; People v. Cintron, 7 AD3d 827, 828; People v. Attanasio, 240 AD2d 877, 877-878). Accordingly, the judgment of conviction must be affirmed.
Ordered that the judgment is affirmed.