Opinion
September 19, 1995
Appeal from the Supreme County (Clifford Scott, J.).
Defendant's plea of guilty operated as a waiver of his statutory speedy trial claim under CPL 30.30 ( People v Friscia, 51 N.Y.2d 845; People v Penna, 203 A.D.2d 392, lv denied 84 N.Y.2d 830). Defendant's constitutional speedy trial claim, raised pro se, was properly rejected without a hearing for failure to adduce facts concerning the claimed delay (CPL 210.45; People v Price, 145 A.D.2d 445, lv denied 73 N.Y.2d 895). Insofar as that issue was raised by counsel in a motion that was served on the People but never filed with the court, review is precluded by lack of an adequate record that includes, among other things, the minutes of any adjournments ( People v Anderson, 216 A.D.2d 257; People v James, 188 A.D.2d 296).
Concur — Murphy, P.J., Rosenberger, Williams and Mazzarelli, JJ.