Peoplev.Owens

Not overruled or negatively treated on appealinfoCoverage
Supreme Court, Appellate Division, Second Department, New York.Apr 20, 2016
28 N.Y.S.3d 630 (N.Y. App. Div. 2016)
28 N.Y.S.3d 630138 A.D.3d 10352016 N.Y. Slip Op. 3020

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04-20-2016

The PEOPLE, etc., respondent, v. Tony OWENS, appellant.

Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Anish M. Patel of counsel), for respondent.


Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Anish M. Patel of counsel), for respondent.

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered August 28, 2013, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's failure to base his speedy trial motion on the specific contention that he now raises on appeal renders that contention unpreserved for appellate review (see CPL 470.05[2]; People v. Randall–Whitaker, 55 A.D.3d 931, 932, 869 N.Y.S.2d 555). In any event, contrary to the defendant's contention, the Supreme Court properly excluded from the time chargeable to the People the period from January 3, 2013, to January 22, 2013, because after the People's declaration of readiness for trial, any period of an adjournment in excess of that actually requested by the People is excluded (see People v. Cortes, 80 N.Y.2d 201, 590 N.Y.S.2d 9, 604 N.E.2d 71; People v. Young, 110 A.D.3d 1107, 975 N.Y.S.2d 885; People v. Boumoussa, 104 A.D.3d 863, 961 N.Y.S.2d 297). Here, the total time chargeable to the People was less than the six-month time period provided by CPL 30.30(1)(a). Accordingly, the Supreme Court properly denied the defendant's motion pursuant to CPL 30.30 to dismiss the indictment.

The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v. Henry, 95 N.Y.2d 563, 565–566, 721 N.Y.S.2d 577, 744 N.E.2d 112).

DILLON, J.P., LEVENTHAL, CHAMBERS and BARROS, JJ., concur.


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