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PEOPLE, res, v. JOHANSEL MARTE-TEJADA, def-ap

4537. PEOPLE, res, v. JOHANSEL MARTE-TEJADA, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), and Willkie Farr & Gallagher LLP, New York (Debra McElligott of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for res — Judgment, Supreme Court, Supreme Court, New York County (Lewis Bart Stone, J. at speedy trial motions and jury trial; Jill Konviser, J. at sentencing), rendered October 15, 2013, as amended, January 30, 2014, convicting defendant of assault in the second degree and attempted assault in the second degree, and sentencing him to an aggregate term of six years, unanimously affirmed.

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4537. PEOPLE, res, v. JOHANSEL MARTE-TEJADA, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), and Willkie Farr & Gallagher LLP, New York (Debra McElligott of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for res — Judgment, Supreme Court, Supreme Court, New York County (Lewis Bart Stone, J. at speedy trial motions and jury trial; Jill Konviser, J. at sentencing), rendered October 15, 2013, as amended, January 30, 2014, convicting defendant of assault in the second degree and attempted assault in the second degree, and sentencing him to an aggregate term of six years, unanimously affirmed.

The court properly denied defendant’s speedy trial motions. Except as to a five-day period where the People concede includability on appeal, the record supports the court’s findings of excludability, including a finding in which it providently disregarded the People’s erroneous concession (see e.g. People v. Wells, 16 AD3d 174 [1st Dept 2005], lv denied 5 NY3d 796 [2005]).Each of the periods of delay contested by defendant on appeal was the result of motions or other proceedings (see CPL 30.30[4][a]), or were attributable to defendant (30.30[4] [b]) or a codefendant (30.30[4][d]). We decline to reach the People’s argument that the court should have excluded an additional period.

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