Opinion
May 10, 2000.
Appeal from Judgment of Onondaga County Court, Burke, J. — Criminal Possession Controlled Substance, 5th Degree.
Judgment unanimously affirmed.
Before: Green, J.P., Hayes, Wisner and Hurlbutt, JJ.
Memorandum:
Although a constitutional speedy trial claim is not waived by a guilty plea ( see, People v. Callahan, 80 N.Y.2d 273, 282), defendant moved to dismiss the indictment on statutory speedy trial grounds only (see, CPL 30.30) and thus failed to preserve for our review his present contention that he was denied his constitutional right to a speedy trial ( see, People v. Lieberman, 47 N.Y.2d 931, 932; People v. James, 188 A.D.2d 296). In any event, "review of the constitutional issue is precluded by the lack of an adequate record which it was defendant's burden to provide" ( People v. James, supra; see, People v. Larry, 178 A.D.2d 282, 283, lv denied 79 N.Y.2d 1003).