PEOPLE v. SMITH


36 A.D.3d 633 (2007)

825 N.Y.S.2d 918

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 9, 2007.


Ordered that the order is affirmed.

The County Court properly denied the defendant's motion pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was denied the effective assistance of counsel. The defendant's contention that his attorney should have moved to dismiss the indictment because he did not receive a speedy trial could have been raised on direct appeal from the judgment and, accordingly...

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