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People v. Clark

Appellate Division of the Supreme Court of the State of New York
May 7, 2019
172 A.D.3d 462 (N.Y. App. Div. 2019)

Opinion

9232 Ind. 5201/14

05-07-2019

The PEOPLE of the State of New York, Appellant, v. Christopher CLARK, Defendant–Respondent.

Robert S. Dean, Center for Appellate Litigation, New York (Allison Haupt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Megan DeMarco of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Allison Haupt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Megan DeMarco of counsel), for respondent.

Renwick, J.P., Richter, Tom, Kapnick, Kern, JJ.

Judgment, Supreme Court, New York County (James M. Burke, J. at speedy trial motion; Abraham Clott, J. at plea and sentencing), rendered December 21, 2016, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

Defendant's speedy trial motion seeking dismissal of the indictment "made only a perfunctory reference to the constitutional right to a speedy trial, and relied exclusively on CPL 30.30" ( People v. Llorems , 133 A.D.3d 465, 465, 18 N.Y.S.3d 860 [1st Dept 2015], lv denied 27 N.Y.3d 1071, 38 N.Y.S.3d 841, 60 N.E.3d 1207 [2016] ). Thus, defendant did not raise before the motion court any factors relevant to a constitutional speedy trial claim (see People v. Wiggins , 31 N.Y.3d 1, 11, 72 N.Y.S.3d 1, 95 N.E.3d 303 [2018] ). Accordingly, this claim is unpreserved, and we decline to review in the interest of justice.

As an alternative holding, we find that the motion was properly denied (see People v. Taranovich , 37 N.Y.2d 442, 444–445, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ). Defendant demonstrated no articulable prejudice, and the charge was serious (see People v. Desselle , 167 A.D.3d 418, 86 N.Y.S.3d 887 [1st Dept. 2018], lv denied 32 N.Y.3d 1203 [2019] ).


Summaries of

People v. Clark

Appellate Division of the Supreme Court of the State of New York
May 7, 2019
172 A.D.3d 462 (N.Y. App. Div. 2019)
Case details for

People v. Clark

Case Details

Full title:The People of the State of New York, Appellant, v. Christopher Clark…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: May 7, 2019

Citations

172 A.D.3d 462 (N.Y. App. Div. 2019)
172 A.D.3d 462
2019 N.Y. Slip Op. 3544