People v. Love

—Judgment, Supreme Court, New York County (Laura Drager, J.), rendered September 16, 1996, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Although labeled as motions to dismiss the indictment on constitutional speedy trial grounds, neither defendant’s pro se motion nor defense counsel’s motion addressed the constitutional issues. Instead, defendant argued that the People had failed to exercise “due diligence” pursuant to CPL 30.30 in…