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PEOPLE v. ROBINSON

10122, 635/12.

176 A.D.3d 533 (2019)

108 N.Y.S.3d 837

2019 NY Slip Op 07505

The People of the State of New York, Respondent, v. Reginald Robinson, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 17, 2019.

Attorney(s) appearing for the Case

Christina A. Swarns, Office of the Appellate Defender, New York (Mandy E. Jaramillo of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

Defendant has not established that he was deprived of effective assistance based on counsel's failure to bring a second speedy trial motion, addressing time periods not encompassed by the court's denial of an earlier speedy trial motion. In this case, as in People v Brunner (16 N.Y.3d 820, 821 [2011]), "although defendant's arguments concerning the timeliness of the prosecution are substantial, there is nothing clear cut about his...

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