Opinion
December 27, 2000.
Appeal from Judgment of Cayuga County Court, Corning, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: PIGOTT, JR., P. J., GREEN, HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his contentions that he was denied his constitutional right to a speedy trial ( see, People v. Jordan, 62 N.Y.2d 825, 826; People v. Debo, 234 A.D.2d 944, 945, lv denied 89 N.Y.2d 984) and that he was deprived of his right to due process of law as the result of preindictment delay ( see, People v. Cedeno, 52 N.Y.2d 847, 848; People v. Mike, 212 A.D.2d 999, 1000, lv denied 86 N.Y.2d 738). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). The sentence is not unduly harsh or severe.