| People v Meade |
| 2017 NY Slip Op 03534 [150 AD3d 764] |
| May 3, 2017 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Gary J. Meade, Appellant. |
Seymour W. James, Jr., New York, NY (Lorraine Maddalo of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Sholom Twersky of counsel; Jenna Tersteegen on the brief), for respondent.
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.