Since defendant made no motion to dismiss the indictment on statutory or constitutional speedy trial grounds, appellate review of those issues is foreclosed ( People v. Jordan, 62 N.Y.2d 825, 826; People v. James, 188 A.D.2d 296). Furthermore, review of the statutory speedy trial claim is foreclosed by defendant's plea ( People v. O'Brien, 56 N.Y.2d 1009), as well as by his valid waiver of the right to appeal ( People v. Callahan, 80 N.Y.2d 273), and review of the constitutional issue is precluded by the lack of an adequate record.
In light of the total absence of factual support for defendant's claim of innocence, and since the record demonstrates that defendant's plea was voluntary and knowing, the court did not err in denying defendant's motion to withdraw his guilty plea without further inquiry ( People v. Frederick, 45 N.Y.2d 520).
Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.