People v. Motell

1 Citing case

  1. People v. Adams

    2024 N.Y. Slip Op. 5729 (N.Y. App. Div. 2024)

    Defendant further contends that he was denied effective assistance of counsel on the ground that defense counsel failed to move to dismiss the indictment pursuant to CPL 30.30 (1). Even assuming, arguendo, that defendant's contention survives his guilty plea (see People v Motell, 229 A.D.3d 1330, 1332 [4th Dept 2024]; People v Clark, 191 A.D.3d 1485, 1486 [4th Dept 2021], lv denied 37 N.Y.3d 954 [2021]), we reject that contention inasmuch as "[t]here can be no denial of effective assistance of trial counsel arising from counsel's failure to 'make a motion or argument that has little or no chance of success'" (People v Caban, 5 N.Y.3d 143, 152 [2005]; see People v Little, 229 A.D.3d 1156, 1157 [4th Dept 2024], lv denied 42 N.Y.3d 971 [2024]). CPL 30.30 (1) "do[es] not apply to a criminal action wherein the defendant is accused of," inter alia, murder in the second degree, as is true in this case (CPL 30.30 [3] [a]).