People v. Crosby

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered January 3, 2000, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

On this appeal from his conviction of attempted promoting *916prison contraband in the first degree, defendant contends that the judgment should be reversed based on preindictment delay of six months and five days. Although defendant’s due process claim survived his guilty plea (see, People v Diaz, 277 AD2d 723, lv denied 96 NY2d 758), defendant failed to preserve the claim by…