People v Bermudez (Jose)

[*1] People v Bermudez (Jose) 2007 NY Slip Op 50153(U) [14 Misc 3d 134(A)] Decided on January 31, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570393/05.

People of the State of New York, Respondent,

against

Jose Bermudez, Defendant-Appellant.

Defendant appeals from a judgment of the Supreme Court, Bronx County (Analisa Torres, J.), rendered May 24, 2005, after a nonjury trial, convicting him of attempted criminal mischief in the fourth degree, and imposing sentence.

PER CURIAM

Judgment of conviction (Analisa Torres, J.) rendered May 24, 2005, affirmed.

Defendant's claim that his counsel provided ineffective assistance by failing to make a speedy trial motion is unreviewable on the present record (see People v Olivo, 52 NY2d 309, 320 [1981]). In the absence of minutes establishing the reasons for various adjournments, it cannot be established whether such a motion would have been successful (see People v Green, 277 AD2d 11 [2000], lv denied 96 NY2d 784 [2001]).

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis to disturb the court's determinations concerning credibility.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 31, 2007