People v Castaneda

Holding The court affirmed the determination that the defendant was a level three risk and a sexually violent offender under SORA. The court rejected the defendant’s ineffective assistance of counsel claims, finding that a downward departure was unlikely to succeed and that the defendant waived the communication claim by proceeding without an adjournment.

The court’s words

A defendant is not denied effective assistance of . . . counsel merely because counsel does not make a motion or argument that has little or no chance of success

2026 NY Slip Op 04703, at the official text

there are no "mitigating factors warranting a downward departure from his risk level"

2026 NY Slip Op 04703, at the official text

his attorney "could have reasonably concluded that there was nothing to litigate at the hearing"

2026 NY Slip Op 04703, at the official text

Defendant thus effectively waived any contention that his attorney was ineffective in failing to communicate with him

2026 NY Slip Op 04703, at the official text