Opinion
2015-08-19
The PEOPLE, etc., respondent, v. Delroy CLAYTON, appellant.
Andrea G. Hirsch, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.
Andrea G. Hirsch, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Chun, J.), rendered March 7, 2012, convicting him of criminal sexual act in the first degree (two counts), robbery in the third degree, patronizing a prostitute in the third degree, and menacing in the third degree, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court imposed May 9, 2012.
ORDERED that the judgment and resentence are affirmed.
Contrary to the defendant's contention, his trial counsel was not ineffective for failing to move for dismissal of the indictment pursuant to CPL 30.30 ( see CPL 30.30[4][a], [f], [g]; People v. Brunner, 16 N.Y.3d 820, 922 N.Y.S.2d 248, 947 N.E.2d 139; People v. Turner, 5 N.Y.3d 476, 806 N.Y.S.2d 154, 840 N.E.2d 123; People v. Arnold, 107 A.D.3d 1526, 967 N.Y.S.2d 801). ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.