Opinion
March 2, 1990
Appeal from the Supreme Court, Kings County (Marano, J.).
Ordered that the judgment is affirmed.
Based upon our review of the hearing transcript, we conclude that the defendant's motion to withdraw his guilty plea was properly denied. Although the defendant argues that he was deprived of the effective assistance of counsel due to the defense counsel's failure to raise a speedy trial claim on his behalf, the record demonstrates that that claim was without merit. Despite the defendant's allegations to the contrary, the credible evidence adduced at the hearing reflects that the prosecution first became aware of the defendant's presence in the Raybrook Federal prison in October 1986 and that thereafter, the prosecution moved expeditiously in prosecuting the instant charges against the defendant. In view thereof, we conclude that the defendant's right to a speedy trial was not violated (see, CPL 30.30 [e]; People v Leftwich, 126 A.D.2d 748) and that, accordingly, the defendant was not deprived of the effective assistance of counsel. Mollen, P.J., Bracken, Brown and Kunzeman, JJ., concur.