Opinion
May 26, 1994
Appeal from the Supreme Court, New York County (Joan Carey, J.).
The IAS Court's decision to deny defendant's pro se motion to withdraw his plea without conducting an evidentiary hearing after it thoroughly reviewed the plea minutes and all responses to the defendant's pro se motion, which revealed that the plea was entered knowingly and voluntarily and that counsel effectively represented the defendant, was proper (see, People v. Bangert, 107 A.D.2d 752, 753).
We also find that defendant waived the attorney-client privilege with regard to counsel's disclosure of defendant's admission that he acted as a lookout during the robbery, in light of the fact that, during the plea proceeding, defendant admitted that he and two others forcibly stole the complainant's wallet and since defendant challenged counsel's representation (see, People v. Edney, 39 N.Y.2d 620).
Concur — Sullivan, J.P., Rosenberger, Ellerin and Kupferman, JJ.