Appeal from a judgment of the District Court of Nassau County, First District (William J. O'Brien, J.), rendered April 18, 2005. The judgment convicted defendant, upon her plea of guilty, of endangering the welfare of a child.

Judgment of conviction affirmed.

In January 2005, defendant was charged with endangering the welfare of a child (Penal Law § 260.10). The accusatory instrument alleged that defendant, while employed as a nanny, slapped and kicked the 10-month-old victim and pressed a stuffed turtle against the victim's face and mouth in an attempt to quiet him. These acts were alleged to have been captured on a video surveillance recording. Defendant subsequently pleaded guilty to said charge and was sentenced to a 10-month term of
imprisonment, which she has completed. On appeal, defendant contends that she received ineffective assistance of counsel and that her sentence was harsh and excessive.

By failing to move to withdraw her guilty plea or vacate the judgment of conviction in the court below, defendant did not preserve her ineffective assistance of counsel claim for appellate review (see People v Garcia-Santo, 24 AD3d 467 [2005]; People v Thompson, 4 AD3d 785 [2004]). In any event, the record does not support defendant's ineffective assistance of counsel claim. Moreover, since defendant has completed the sentence imposed, the issue of whether the sentence was harsh and excessive has been rendered academic (see People v Russillo, 27 AD3d [*2]493 [2006]).

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: October 27, 2006