| People v Owens |
| 2016 NY Slip Op 03020 [138 AD3d 1035] |
| April 20, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Tony Owens, Appellant. |
Lynn W. L. Fahey, New York, NY (Bryan D. Kreykes of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, William H. Branigan, and Anish M. Patel of counsel), forrespondent.
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 thathe now raises on appeal renders that contention unpreserved for appellate review(see CPL 470.05 [2]; People v Randall-Whitaker, 55 AD3d 931, 932 [2008]). Inany event, contrary to the defendant's contention, the Supreme Court properly excludedfrom 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 anadjournment in excess of that actually requested by the People is excluded (seePeople v Cortes, 80 NY2d 201 [1992]; People v Young, 110 AD3d 1107 [2013]; People v Boumoussa, 104AD3d 863 [2013]). Here, the total time chargeable to the People was less than thesix-month time period provided by CPL 30.30 (1) (a). Accordingly, the Supreme Courtproperly denied the defendant's motion pursuant to CPL 30.30 to dismiss theindictment.
The defendant's contention that he was deprived of the effective assistance ofcounsel is without merit (see People v Henry, 95 NY2d 563, 565-566 [2000]).Dillon, J.P., Leventhal, Chambers and Barros, JJ., concur.