Opinion
December 3, 1992
Appeal from the County Court of Greene County (Battisti, Jr., J.).
Defendant's guilty plea forfeited his claim for dismissal of the indictment pursuant to CPL 30.30 (see, People v Howe, 56 N.Y.2d 622). While defendant argues that his reservation of his right to appeal his conviction encompassed the CPL 30.30 claim, defendant's motion pursuant to CPL 30.30 was made after his guilty plea, and was therefore untimely in any event (see, CPL 210.20; People v Spears, 106 A.D.2d 417). Furthermore, any attempt by defendant to reserve that claim would have been ineffectual (see, People v O'Brien, 56 N.Y.2d 1009; People v Howe, supra; People v King, 152 A.D.2d 815).
Defendant's failure to timely move pursuant to CPL 30.30 also defeats his argument that his inability to preserve such a claim renders his plea involuntary. Finally, defendant's allegations that trial counsel failed to provide meaningful representation cannot be resolved on this record and defendant's remedy, if any, is a motion pursuant to CPL 440.10 (see, People v Pena, 178 A.D.2d 192, lv denied 79 N.Y.2d 1005).
Mikoll, J.P., Yesawich Jr., Levine, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.