context: Where it is claimed'that counsel failed to move for a violation of his or her client's right to speedy trial, a thirty month delay between arraignment and trial has not been deemed sufficient to warrant post-conviction relief.
citation_a.signal: see also
citation_a.identifier: 262 F.Supp.2d 25, 37
citation_a.parenthetical: denying petitioner's- ineffective assistance of counsel claim premised upon counsel's alleged failure to move for recovery from a speedy trial where the under lying speedy trial claim "would not have been successful[.]"
citation_a.sentence: See Mallet v. Miller, 432 F.Supp.2d 366, 384 (S.D.N.Y.2006) (denying ineffective assistance of counsel claim based on counsel’s failure to move for a violation of right to speedy trial where there was á delay of thirty months between arraignment and trial due to pretrial hearings and inability of the prosecution to locate a key witness, and where the underlying speedy trial claim was merit-less); see also Curnen v. Yelich, No. 11-CV-7499, 2015 WL 3827693, at *9 (S.D.N.Y; June 19, 2015), appeal filed No. 15-2166 (2d Cir, July 8, 2015) (denying petitioner’s ineffective assistance of counsel claim premised on allegations that counsel had refused to file a motion for relief with respect to violation of petitioner’s right to a speedy trial where the lower court would have rejected claim as merit-less, and where petitioner could not have shown prejudice because government could have acquired new indictment on the same conduct); Walker v. Bennett, 262 F.Supp.2d 25, 37 (W.D.N.Y.2003) (denying petitioner’s- ineffective assistance of counsel claim premised upon counsel’s alleged failure to move for recovery from a speedy trial where the under lying speedy trial claim “would not have been successful[.]”).
citation_b.signal: see
citation_b.identifier: 432 F.Supp.2d 366, 384
citation_b.parenthetical: denying ineffective assistance of counsel claim based on counsel's failure to move for a violation of right to speedy trial where there was a delay of thirty months between arraignment and trial due to pretrial hearings and inability of the prosecution to locate a key witness, and where the underlying speedy trial claim was merit-less
citation_b.sentence: See Mallet v. Miller, 432 F.Supp.2d 366, 384 (S.D.N.Y.2006) (denying ineffective assistance of counsel claim based on counsel’s failure to move for a violation of right to speedy trial where there was á delay of thirty months between arraignment and trial due to pretrial hearings and inability of the prosecution to locate a key witness, and where the underlying speedy trial claim was merit-less); see also Curnen v. Yelich, No. 11-CV-7499, 2015 WL 3827693, at *9 (S.D.N.Y; June 19, 2015), appeal filed No. 15-2166 (2d Cir, July 8, 2015) (denying petitioner’s ineffective assistance of counsel claim premised on allegations that counsel had refused to file a motion for relief with respect to violation of petitioner’s right to a speedy trial where the lower court would have rejected claim as merit-less, and where petitioner could not have shown prejudice because government could have acquired new indictment on the same conduct); Walker v. Bennett, 262 F.Supp.2d 25, 37 (W.D.N.Y.2003) (denying petitioner’s- ineffective assistance of counsel claim premised upon counsel’s alleged failure to move for recovery from a speedy trial where the under lying speedy trial claim “would not have been successful[.]”).