People v. Bull

—Judgment unanimously affirmed. Memorandum: Contrary to defendant’s contention, a motion to dismiss the indictment pursuant to CPL 30.30 would not have been successful, and defendant

*837therefore was not denied the right to effective assistance of counsel by the failure of assigned counsel to make such a motion (see, People v Ayala, 236 AD2d 802, lv denied 90 NY2d 855; People v Torrence, 135 AD2d 1075, lv denied 70 NY2d 1011). We further reject the contention of defendant that he was denied the right to a fair trial by prosecutorial misconduct on summation. Defendant failed to preserve for our…