Conclusions of Law First, CPL ยง440.10(3)(c) permits a court to deny a motion to vacate a judgement if upon previous motion made under CPL article 440, defendant could have raised the issue but did not do so (People v. Brayley, 265 AD2d 826, 695 AD2d 832 [4th Dept., 1999] People v. Moolenaar, 207 AD2d 711, 616 NYS2d 590 [1st Dept., 1994]). Thus, the failure to raise these issues in the prior motion preclude their consideration at this time.
Defendant has claimed no justification for failing to raise these issues earlier. See People v. Brayley, 265 AD2d 826 (4th Dept 1999), lv denied 94 NY2d 901. Even if this Court were to review defendant's claims on the merits, the motion to vacate the judgment would still be denied.