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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK JAMES, Appellant.

Defendant's contention on appeal that he was denied his constitutional right to a speedy trial is unpreserved for review as a matter of law, his motion to dismiss the indictment having raised only his statutory right to a speedy trial pursuant to CPL 30.30 (People v Lieberman, 47 N.Y.2d 931, 932), which was waived by his guilty plea (People v Friscia, 51 N.Y.2d 845). 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 Olivo, 52 N.Y.2d 309, 320).

Concur — Murphy, P.J., Wallach, Ross, Asch and Rubin, JJ.

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PEOPLE v. JAMES
(Dec 3, 1992)