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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WARREN WEEKS, APPELLANT.

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).

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PEOPLE v. WEEKS
(May 10, 2000)