Majority
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered July 26, 2012, convicting him of robbery in the third degree and grand larceny in the fourth degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was not deprived of the effective assistance of counsel by counsel’s waiver of a pretrial suppression hearing. “There can be no denial of effective assistance of trial counsel arising from counsel’s failure to ‘make a motion . . . that has little or no chance of success’ ” (People v Caban, 5 NY3d 143 , 152 [2005], quoting People v Stultz, 2 NY3d 277 , 287 [2004]). Here, the record is devoid of any indication that counsel could have presented a colorable argument challenging the legality of the defendant’s arrest (see People v Carver, 27 NY3d 418 , 420-421 [2016]).
Rivera, J.P., Balkin, Barros and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Caban 5 NY3d 143 at 152 p. 764
- People v. Carver 27 NY3d 418 at 420-421 p. 764