People v. Herriot

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 4, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellant review his *600contention that the preindictment delay deprived him of due process (see People v Cedeno, 52 NY2d 847, 848; People v Champelle, 144 AD2d 378), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3]).

Viewing the evidence in the light most…