People v. Hutchings

—Judgment unanimously affirmed. Memorandum: The contention of defendant concerning County Court’s Sandoval ruling does not survive his plea of guilty (see, People v Ireland, 222 AD2d 1007; People v Gerber, 182 AD2d 252, 260-261, lv denied 80 NY2d 1026; People v Zangrillo, 105 AD2d 822). The failure of defense counsel to move to dismiss the indictment pursuant to CPL 190.50 (5) (c) does not, by itself, render counsel’s performance ineffective (see, People v Mateo, 252 AD2d 821, lv denied 92 NY2d 927; People v Moragne, 233 AD2d 873, lv denied 89 NY2d 1097; People v Simmons, 202 AD2d 812, lv…