PEOPLE v. TREVINO

Judgment affirmed.

The Criminal Procedure Law provides that a motion to dismiss an indictment based upon a claimed denial of the right to a speedy trial must be made prior to the commencement of trial or the entry of a plea of guilty (CPL 210.20 [g]; [2]). The motion must be made in writing and upon reasonable notice to the prosecution (CPL 210.45; People v Key, 45 N.Y.2d 111; People v De Rosa, 42 N.Y.2d 872). Failure to follow the statutory procedure results in a waiver of the claim (People v Lawrence, 64 N.Y.2d 200; People v De Rosa, supra; People v Adams, 38 N.Y.2d 605). The record indicates that defendant did not make a motion prior to the commencement of his trial to dismiss the indictment for denial of a speedy trial and therefore he waived the right to assert the claim upon appeal.

We have reviewed the other contentions raised by defendant in his pro se brief and by his counsel and find that while some errors exist, a number of them have not been preserved for appellate review and none merits reversal. Mollen, P.J., Lazer, Weinstein and Rubin, JJ., concur.