Williams, Heinl, Moody & Buschman, P.C., Auburn (Mario J. Gutierrez of Counsel), for Defendant–Appellant. William P. Oliver, Defendant–Appellant pro se.
Jon E. Budelmann, District Attorney, Auburn (Nathan J. Garland of Counsel), for Respondent.
PRESENT: CENTRA, J.P., FAHEY, CARNI, LINDLEY, and VALENTINO, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ). We reject defendant's contention in his main brief that the sentence is unduly harsh and severe. By pleading guilty, defendant waived the contention in his pro se supplemental brief that count three of the indictment is barred by the statute of limitations ( see People v. Parilla, 8 N.Y.3d 654, 659, 838 N.Y.S.2d 824, 870 N.E.2d 142;see generallyCPL 210.20[1][f] ). Defendant's further contention in his pro se supplemental brief that he was improperly denied the opportunity to participate in the judicial diversion program set forth in CPL 216.05 is not preserved for our review ( seeCPL 470.05[2] ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( seeCPL 470.15[3][c] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.