People v. White
Opinion of the Court
The court properly adjudicated defendant a second felony offender. The record establishes that defendant received effective assistance under the state and federad standards in connection with the predicate conviction (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Ford, 86 NY2d 397, 404 [1995]; see also Strickland v Washington, 466 US 668 [1984]). The attorney who represented defendant at the time of the prior plea obtained a very favorable disposition, and was not ineffective for failing to make a speedy trial motion. Such a motion would have been futile, given the circumstances evincing defendant’s intent to evade apprehension and prosecution during the relevant period of delay (see People v Sigismundi, 89 NY2d 587 [1997]). Concur—Mazzarelli, J.P., Marlow, Williams, Sweeny and Malone, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.