Opinion
570572/19
09-28-2021
The PEOPLE of the State of New York, Respondent, v. Kenneth GRAHAM, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Laurie Peterson, J.), rendered April 9, 2019, affirmed.
Defendant's claim that counsel was ineffective because he failed to file a constitutional speedy trial motion is unreviewable on direct appeal because it involves matters not reflected in, or fully explained by, the record (see People v Rivera, 71 NY2d 705, 709 [1988] ; People v Joaquin , 150 AD3d 618 [2017], lv denied 29 NY3d 1128 [2017] ). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claim may not be addressed on appeal (see People v Obert , 1 AD3d 631 [2003], lv denied 2 NY3d 764 [2004] ). In the alternative, to the extent the existing record permits review, we find that defendant received effective assistance under the state and federal standards (see Strickland v Washington , 466 US 668 [1984]; People v Benevento , 91 NY2d 708, 713-714 [1998] ). Defendant has not shown that counsel's failure to make a constitutional speedy trial motion was objectively unreasonable in this case, or resulted in any prejudice (see People v Flow , 149 AD3d 647, 648-649 [2017], lv denied 29 NY3d 1091 [2017] ; People v Almanzar, 57 Misc 3d 159[A], 2017 NY Slip Op 51688[U] [App Term, 1st Dept 2017], lv denied 31 NY3d 980 [2018] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
All concur.