Appeal, by permission, from an order of the Justice Court of the Village of Mamaroneck, Westchester County (Daniel J. Gallagher, J.), dated June 18, 2009. The order denied, without a hearing, defendant's motion to vacate a judgment of conviction entered December 11, 2008.

ORDERED that the order is affirmed.

Defendant pleaded guilty to criminal impersonation in the second degree (Penal Law § 190.25 [1]). Defendant did not pursue a direct appeal from the judgment of conviction but, rather, moved pursuant to CPL 440.10 to vacate the judgment. The Justice Court denied his motion.

To the extent defendant seeks to raise arguments which could have been raised on a direct appeal, his motion was properly denied (CPL 440.10 [2] [c]). Similarly, to the extent defendant's arguments are either contrary to the record or predicated upon facts and issues which defendant did not diligently act to ensure appeared in the record so as to provide an adequate basis for review, such arguments do not warrant a granting of defendant's motion (CPL 440.10 [3]; 440.30 [4] [d]). In view of the foregoing, and as defendant's remaining contentions lack merit, the order is affirmed.

LaCava, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: January 20, 2012