People v. James, 21 A.D.3d 428 (N.Y. App. Div. 2005). · Go Syfert
People v. James, 21 A.D.3d 428 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
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Strongest positive: People v. Virapen (nyappdiv, 2017-02-15)
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discussed Cited as authority (rule) People v. Virapen
N.Y. App. Div. · 2017 · confidence medium
There can be no deprivation of effective assistance of counsel arising from the failure to make a motion or argument that, as here, had little or no chance of success (see People v Stultz, 2 NY3d 277, 287 [2004]; People v Moss, 138 AD3d 761, 762 [2016]; see also People v Wallace, 79 AD3d 1075, 1075-1076 [2010]; People v Carrenard, 56 AD3d 486 , 487-488 [2008]; People v Jamerson, 21 AD3d 428, 428 [2005]).
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The People of the State of New York
v.
Richard James
Appellate Division of the Supreme Court of the State of New York.
Aug 8, 2005.
21 A.D.3d 428
Published

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered May 5, 2003, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

[*429] Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). H. Miller, J.P., S. Miller, Goldstein, Mastro and Lifson, JJ., concur.