Opinion
February 8, 1999
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was denied his right to the effective assistance of counsel when his attorney ignored his desire to testify before the Grand Jury and informed the District Attorney that he did not wish to testify. Even assuming these allegations to be true, we find no merit to his contention. A defense counsel's failure to effectuate a defendant's right to testify before the Grand Jury does not, in and of itself, constitute a denial of effective assistance of counsel ( see, People v. Wiggins, 89 N.Y.2d 872; People v. Oppenheimer, 240 A.D.2d 437; People v. Rogers, 228 A.D.2d 623; cf., People v. Jimenez, 180 A.D.2d 757).
Miller, J. P., Ritter, Altman and Luciano, JJ., concur.