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People v. Garcia

235 A.D.2d 268 Court N.Y. App. Div. Decision date 1997-01-16 English

Contents

Majority

p. 268
The People of the State of New York, Respondent, v Juan Garcia, Appellant.
[652 NYS2d 520]

Judgment, Supreme

p. 269
Court, Bronx County (Dominic Massaro, J., on motion; John Stackhouse, J., at plea and sentence), rendered November 3, 1994, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.

The motion court properly denied defendant’s statutory speedy trial motion without conducting a hearing, because the allegations in defendant’s motion papers did not set forth a legal basis for the motion. We note that defendant’s related claims involving alleged ineffective assistance of counsel were not explored in the context of a CPL 440.10 motion (see, People v Love, 57 NY2d 998 , 1000). In any event, the existing record does not indicate that an additional speedy trial motion, had it been filed, would have been successful, and since defendant’s counsel obtained a favorable plea bargain in this case, it cannot be concluded that defendant was denied effective assistance of counsel (People v Baldi, 54 NY2d 137 ). Concur—Murphy, P. J., Sullivan, Rosenberger, Williams and Andrias, JJ.

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