Appellate Division, Second Department: February 16, 2024

Handdown List released on:February 14, 2024

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By Duffy, J.P.; Miller, Wooten, Love, JJ.

THE PEOPLE, ETC., res, v. RALPH RODRIGUEZ, app — (Index No. 771/15) Twyla Carter, New York, NY (Amy Donner of counsel), for appellant, and appellant pro se. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Amanda Ianuzzi of counsel), for respondent. Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leslie Leach, J.), rendered November 16, 2016, convicting him of robbery in the second degree, criminal possession of a weapon in the third degree, grand larceny in the fourth degree, and resisting arrest, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Steven W. Paynter, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony. ORDERED that the judgment is affirmed. Contrary to the defendant’s contention, raised in his pro se supplemental brief, the Supreme Court properly denied his motion to dismiss the indictment on the ground that he was deprived of his right to a speedy trial pursuant to CPL 30.30(1)(a). The total time chargeable to the People was within the permitted six calendar months (see id. §30.30[1][a]; [4]).

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