Opinion
November 18, 1999
Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered October 17, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 1/2 to 9 years, unanimously affirmed.
Penny Rosenberg for Respondent.
Alan F. Katz for Defendant-Appellant.
SULLIVAN, J.P., NARDELLI, MAZZARELLI, LERNER, BUCKLEY, JJ.
The record establishes that defendant received effective assistance of counsel. None of the alleged errors by counsel could have deprived defendant of a fair trial (see, People v. Benevento, 91 N.Y.2d 708). We note that counsel's failure to advise defendant of the impending expiration of a plea offer that was previously rejected by defendant did not constitute ineffective assistance of counsel since the court was under no obligation to hold open a rejected plea offer (see, People v. Johnson, 181 A.D.2d 832, lv denied 80 N.Y.2d 833).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.