Opinion
2002-949 QCR.
Decided November 5, 2004.
Appeal by defendant from a judgment of the Criminal Court, Queens County (R. Raciti, J.), rendered on June 3, 2002, convicting him, upon his plea of guilty, of attempted unlawful imprisonment in the second degree (Penal Law §§ 110.00, 135.05), menacing in the third degree (Penal Law § 120.15) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
Defendant's sole issue raised on appeal is that he was denied effective assistance of counsel because his attorney failed to make a statutory speedy trial motion to dismiss the charges. Defendant is precluded from raising this issue since he failed to move to withdraw his plea or vacate the judgment of conviction ( People v. Irons, 3 AD3d 740; People v. Obert, 1 AD3d 631). The "issue is properly raised through a CPL article 440 motion, not on direct appeal" ( Irons, 3 AD3d at 741, quoting Obert, 1 AD3d at 632).