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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WHITE, Appellant.

The court properly adjudicated defendant a second felony offender. The record establishes that defendant received effective assistance under the state and federal standards in connection with the predicate conviction ( see People v. Benevento, 91 NY2d 708, 713-714; People v. Ford, 86 NY2d 397, 404; see also Strickland v. Washington, 466 US 668). 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).

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PEOPLE v. WHITE
(Feb 2, 2006)