People v. Douglas
| Decision Date | 18 April 1988 |
| Citation | 527 N.Y.S.2d 301,139 A.D.2d 661 |
| Parties | The PEOPLE, etc., Respondent, v. Oswaldo DOUGLAS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Jennifer S. Brand, of counsel), for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Randi Fleishman, of counsel), for respondent.
Before BRACKEN, J.P., and WEINSTEIN, RUBIN and KOOPER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant (1) from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered December 17, 1985, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated March 20, 1987, which denied his motion pursuant to CPL 440.10.
ORDERED that the judgment and order are affirmed.
Under the circumstances defense counsel's failure to renew a motion premised on speedy trial grounds (see, CPL 30.20; 30.30) did not constitute the ineffective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Droz, 39 N.Y.2d 457, 384 N.Y.S.2d 404, 348 N.E.2d 880; People v. Torrence, 135 A.D.2d 1075, 523 N.Y.S.2d 265). The mere fact that a pretrial motion was not made is not a talismanic indicator that a defendant has been denied the assistance of counsel to which he is constitutionally entitled (see, People v. Prescott, 133 A.D.2d 472, 519 N.Y.S.2d 537; People v. Boero, 117 A.D.2d 814, 499 N.Y.S.2d 133; People v. Taylor, 105 A.D.2d 814, 481 N.Y.S.2d 444). In any event, we are not persuaded that the defendant's speedy trial motion would have been successful if it had been renewed ( see, People v. Manley, 63 A.D.2d 988, 989, 406 N.Y.S.2d 108; see also, People v. Taylor, 127 A.D.2d 714, 511 N.Y.S.2d 908; People v. Walters, 127 A.D.2d 870, 511 N.Y.S.2d 957, lv. denied 69 N.Y.2d 956, 516 N.Y.S.2d 1040, 509 N.E.2d 375, lv. denied on reconsideration, 70 N.Y.2d 658, 518 N.Y.S.2d 1052, 512 N.E.2d 578, cf., People v. Torrence, supra ).
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People v. Herr
... ... Thus, the failure to have moved formally at an earlier point for dismissal did not constitute ineffective representation (see, People v. Douglas, 139 A.D.2d 661, 662, 527 N.Y.S.2d 301, lv. denied 72 N.Y.2d 956, 534 N.Y.S.2d 670, 531 N.E.2d 302) ... Finally in support of his claim that he was denied the right to counsel, defendant contends that County Court erred in failing to make inquiries as to a conflict between ... ...
- People v. Douglas