People v Morales

People v Morales 2013 NY Slip Op 06081 Decided on September 26, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 26, 2013
Sweeny, J.P., DeGrasse, Manzanet-Daniels, Clark, JJ.
10573

[*1]The People of the State of New York, Docket 76038C/09 Respondent,

v

Christopher Morales, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Lawrence T.
Hausman of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson
of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Eugene Oliver, J. at speedy trial motion; Richard Lee Price, J. at nonjury trial and sentencing), rendered October 5, 2011, convicting defendant of attempted assault in the third degree, attempted criminal possession of a weapon in the fourth degree and harassment in the second degree, and sentencing him to a term of one year's probation and five days of community service, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations.

The court properly denied defendant's speedy trial motion. When the People filed a superseding information that changed their theory of the case, this did not render their earlier declaration of readiness illusory (see People v Armstrong, 163 Misc 2d 588, 589-590 [App Term, 1st Dept 1994], lv denied 84 NY2d 1028 [1995]). Accordingly, the periods of delay following the declaration were governed by the rules relating to postreadiness delay (see People v Sinistaj, 67 NY2d 236, 239 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: SEPTEMBER 26, 2013

CLERK