| People v Thomas |
| 2015 NY Slip Op 03924 [128 AD3d 440] |
| May 7, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Darren Thomas, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), forrespondent.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), renderedMarch 21, 2012, convicting defendant, upon his plea of guilty, of grand larceny in thefourth degree, and sentencing him, as a second felony offender, to a term of1
Defendant's constitutional speedy trial claim is unreviewable because he has notsupplied minutes for the great majority of the adjournments in this case (see People v Arroyo, 93 AD3d608, 609 [1st Dept 2012], lv denied 19 NY3d 957 [2012]). Contrary todefendant's argument, these minutes are necessary because of their bearing on the criticalissue of the reasons for the delay.
To the extent the present record permits review, we conclude, after considering thefactors set forth in People v Taranovich (37 NY2d 442, 445 [1975]), thatdefendant's constitutional right to a speedy trial was not violated. Although the 27-monthdelay between defendant's arrest and guilty plea was lengthy, almost all of that delay isattributable to defendant's extensive motion practice and adjournment requests, as well ascompetency proceedings and complications arising from defendant's choice to representhimself (see People v Parris,106 AD3d 555, 556 [1st Dept 2013], lv denied 21 NY3d 1018 [2013]).Furthermore, defendant has not established that he was prejudiced by the delay.Concur—Mazzarelli, J.P., Renwick, Manzanet-Daniels and Clark, JJ.