Ordered that the judgment is affirmed.
We reject the defendant's claim that the court should have dismissed the indictment on the ground that he was denied due process by the delay in commencing the action. Although the 38-month preindictment delay was substantial, and to some extent unnecessary, the severity of the underlying offense and the lack of any prejudice to the defendant indicate that he was not denied due process (see, People v Singer, 44 N.Y.2d 241; People v LaRocca, 172 A.D.2d 628; People v Angrisani, 160 A.D.2d 713; People v Brown, 124 A.D.2d 667).
In addition, we find that the defendant received his agreed upon sentence and therefore cannot now be heard to complain (see, People v Kazepis, 101 A.D.2d 816). Kooper, J.P., Harwood, Rosenblatt and Ritter, JJ., concur.