Appellate Division of the Supreme Court of the State of New York December 1, 2009 (People v. Whitley)

*791The People failed to preserve for appellate review their contention that a separate speedy trial period should have been applied to each of three accusatory instruments filed against the defendant, including the indictment that is the subject of the instant appeal (see CPL 470.05 [2]), and we decline to reach the argument in the exercise of our interest of justice jurisdiction (see CPL 470.