People v. Baxter

—Order unanimously affirmed. Memorandum: County Court properly denied defendant’s motion pursuant to CPL 440,10 to vacate the judgment of conviction. The contention that the trial court erred in denying defendant’s motion to dismiss the indictment pursuant to CPL 30.30 was previously determined on the merits on defendant’s direct appeal from the judgment of conviction (see, People v Baxter, 216 AD2d 931), and the court was therefore required to deny the motion insofar as it was based upon that ground (see, CPL 440.10 [2] [a]; People v Marvin, 258 AD2d 964; People v Hernandez, 191 AD2d 511,…