It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [3]), defendant contends that he was denied his constitutional right to a speedy trial based on preindictment delay of over 12 months. Although defendant's contention survives the plea of guilty (see People v Allen,
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