What is the test for granting a motion to dismiss an application to dismiss the motion?

MultiRegion, United States of America

The following excerpt is from United States v. Vasquez, No. 14-2494-cr(L), No. 14-3630-cr(Con) (2nd Cir. 2016):

"We will not grant an Anders motion unless we are satisfied that counsel has diligently searched the record for any arguably meritorious issue in support of his client's appeal, and defense counsel's declaration that the appeal would be frivolous is, in fact, legally correct." United States v. Whitley, 503 F.3d 74, 76 (2d Cir. 2007) (internal

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