People v. Winslow

Decision Date29 December 1995
Citation222 A.D.2d 722,636 N.Y.S.2d 68
PartiesThe PEOPLE, etc., Respondent, v. Donald WINSLOW, Appellant.
CourtNew York Supreme Court — Appellate Division

J. Patrick DeLince, Fresh Meadows, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie, Linda Cantoni, and Emil Bricker, of counsel), for respondent.

Before SULLIVAN, J.P., and BALLETTA, MILLER and O'BRIEN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered February 22, 1993, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Inasmuch as the defendant's moving papers, on their face, did not show the existence of an unexcused delay greater than six months, the Supreme Court properly refused to dismiss the indictment on the ground that he was denied his statutory right to a speedy trial (see, CPL 30.30[1], [4][a], [4][d]; People v. Philip, 205 A.D.2d 714, 613 N.Y.S.2d 649). Moreover, the defendant failed to demonstrate that he was deprived of his constitutional right to a speedy trial; specifically that he suffered any prejudice resulting from the delay (see, Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 2192, 33 L.Ed.2d 101; People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303; People v. Penna, 203 A.D.2d 392, 612 N.Y.S.2d 905).

The record demonstrates that the defendant received the effective assistance of counsel to which he was constitutionally entitled (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400; see also, People v. Ellis, 81 N.Y.2d 854, 597 N.Y.S.2d 623, 613 N.E.2d 529; People v. Garcia, 75 N.Y.2d 973, 556 N.Y.S.2d 505, 555 N.E.2d 902). Moreover, the court did not improvidently exercise its discretion in denying the defendant's motion, on the eve of trial, for an adjournment to retain new counsel. Considering the defendant's previous indications of his dissatisfaction with counsel, the court reasonably concluded that the defendant had ample time to retain new counsel and that his motion was a dilatory tactic (see, People v. Erber, 210 A.D.2d 250, 619 N.Y.S.2d 344; People v. Gloster, 175 A.D.2d 258, 260, 572 N.Y.S.2d 370).

Any error regarding the prosecutor's opening and summation comments was harmless in view of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230...

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5 cases
  • People v. Hicks
    • United States
    • New York Supreme Court — Appellate Division
    • November 23, 2010
    ...concluded that the defendant had ample time to review it, and that his motion was a dilatory tactic ( see generally People v. Winslow, 222 A.D.2d 722, 636 N.Y.S.2d 68). The defendant's remaining contentions contained in points one and three of his brief are without ...
  • People v. Gundy
    • United States
    • New York Supreme Court — Appellate Division
    • December 16, 1996
    ...discretion in denying the defendant's motion, made on the eve of trial, for an adjournment to retain new counsel (see, People v. Winslow, 222 A.D.2d 722, 636 N.Y.S.2d 68; People v. Erber, 210 A.D.2d 250, 619 N.Y.S.2d 344; People v. Gloster, 175 A.D.2d 258, 260, 572 N.Y.S.2d In addition, the......
  • People v. Williams
    • United States
    • New York Supreme Court — Appellate Division
    • December 29, 1995
  • People v. Winslow
    • United States
    • New York Supreme Court — Appellate Division
    • October 27, 1997
    ...the ground of ineffective assistance of appellate counsel, a decision and order of this court dated December 29, 1995 (People v. Winslow, 222 A.D.2d 722, 636 N.Y.S.2d 68), affirming a judgment of the Supreme Court, Queens County, rendered February 22, ORDERED that the application is denied.......
  • Request a trial to view additional results

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