Opinion
October 6, 1998
Appeal from the Supreme Court, New York County (Michael Gross, J.).
The record, viewed in its entirety, establishes that defendant's plea was knowing, intelligent and voluntary ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543) and not influenced by defendant's medication ( see, People v. Bermudez, 228 A.D.2d 237, lv denied 89 N.Y.2d 919). Defendant received effective assistance of counsel ( see, People v. Ford, 86 N.Y.2d 397, 404), and defendant's meritless attacks on his counsel's performance, made before and after the plea, were insufficient to create an actual conflict of interest ( see, People v. Rodriguez, 251 A.D.2d 259). There was no need to appoint new counsel where the court denied defendant's motion to withdraw his plea without relying upon counsel's statements controverting defendant's claims of misconduct ( see, People v. Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892).
Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.