
    The People of the State of New York, Respondent, v Maximo Cedeno, Appellant.
    Argued December 15, 1980;
    decided January 8, 1981
    
      APPEARANCES OF COUNSEL
    
      Robert S. Dean and William E. Hellerstein for appellant.
    
      Robert M. Morgenthau, District Attorney (Daniel Castle-man and J err old Neugarten of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s only contention in our court is that the lapse of 13 months between his arrest and his arraignment on the indictment was an unreasonable delay in prosecution which constituted a denial of his constitutional right to due process in consequence of which his conviction should be reversed and the indictment dismissed (People v Singer, 44 NY2d 241; People v Staley, 41 NY2d 789). While defendant did make a motion to dismiss the indictment under CPL 30.30, he made no motion to dismiss based on the contention he now advances. In that circumstance he has failed to preserve that contention for our review (People v Lieberman, 47 NY2d 931).

Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur; Chief Judge Cooke taking no part.

Order affirmed in a memorandum.  