Opinion
August 17, 1998
Appeal from the County Court, Suffolk County (Cacciabaudo, J.).
Ordered that the judgment is affirmed.
By pleading guilty the defendant forfeited appellate review of his claims that he was denied his right to testify before the Grand Jury and that he was denied the assistance of counsel at his arraignment proceedings ( see, People v. Franklin, 232 A.D.2d 577; People v. Meachem, 50 A.D.2d 953). In any event, the record demonstrates that he received notice at his initial arraignment on the felony complaint of his right to testify before the Grand Jury ( see, CPL 190.50). Moreover, because the defendant made no incriminating statements, was fully advised of all of his rights, and a plea of not guilty was entered on his behalf, he was not prejudiced by the absence of counsel at his arraignment on the felony complaint ( see, People v. Clark, 240 A.D.2d 325; People v. Frye, 177 A.D.2d 740; People v. Terrance, 120 A.D.2d 805).
We also find no support in the record for the defendant's claim of ineffective assistance of counsel. The defense counsels' failure to move pursuant to CPL 190.50 (5) (c) to dismiss the indictment did not render their performance ineffective in this case ( see, People v. Rogers, 228 A.D.2d 623). Under the totality of the circumstances, it cannot be said that the defendant was denied his constitutional right to the meaningful representation of counsel ( see, People v. Baldi, 54 N.Y.2d 137).
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.