Defendant was arrested on April 24, 1987 for selling cocaine to an undercover police officer, and, by indictment filed on May 22, 1987, on which he was arraigned on May 27, 1987, charged with criminal sale and possession of a controlled substance in the first degree. On July 8, 1988, defendant moved to dismiss the indictment on statutory and constitutional speedy trial grounds, which motion was summarily denied on August 2, 1988. On January 4, 1989, defendant pled guilty to criminal possession of a controlled substance in the second degree. On appeal defendant argues that the court should have held a hearing on the constitutional branch of his motion, which, as distinguished from the statutory branch, survived his guilty plea (People v. Friscia, 51 N.Y.2d 845).
We find that the motion papers before the court raised no issue of fact on a material point requiring such a hearing (see, People v. Gruden, 42 N.Y.2d 214, 215). Defendant's claim that his defense was prejudiced by the length of his incarceration is unsubstantiated. Under the standards set forth in People v Taranovich ( 37 N.Y.2d 442), there was no violation of defendant's constitutional right to a speedy trial.
Concur — Sullivan, J.P., Carro, Rosenberger and Rubin, JJ.