Opinion
570572/19
09-28-2021
The People of the State of New York, Respondent, v. Kenneth Graham, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Laurie Peterson, J.), rendered April 9, 2019, convicting him, upon his plea of guilty, of criminal possession of stolen property in the fifth degree, and imposing sentence.
PRESENT: Edmead, P.J., Brigantti, Hagler, JJ.
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 N.Y.2d 705, 709 [1988]; People v Joaquin, 150 A.D.3d 618 [2017], lv denied 29 N.Y.3d 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 A.D.3d 631 [2003], lv denied 2 N.Y.3d 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 U.S. 668 [1984] ; People v Benevento, 91 N.Y.2d 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 A.D.3d 647, 648-649 [2017], lv denied 29 N.Y.3d 1091 [2017]; People v Almanzar, 57 Misc.3d 159 [A], 2017 NY Slip Op 51688[U] [App Term, 1st Dept 2017], lv denied 31 N.Y.3d 980 [2018]).