Opinion
January 19, 1993
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Defendant was not deprived of his right to effective assistance of counsel at the sentencing proceeding. While it is true that a defendant's right to counsel is adversely affected "when his attorney, either voluntarily or at the court's urging, [becomes] a witness against him" (People v. Santana, 156 A.D.2d 736, 737; People v. Rozzell, 20 N.Y.2d 712), it is clear from the record that the trial court considered and denied defendant's motion to withdraw his guilty plea before defense counsel made statements controverting defendant's contention that counsel had pressured him into pleading guilty. Since counsel's remarks did not affect the trial court's determination, it was not necessary to assign new counsel before existing counsel was allowed to put his remarks on the record (compare, supra). Further, in the circumstances, we conclude that in light of the advantageous plea bargain arrangement, defendant's legal representation was meaningful (see, People v. Thompson, 162 A.D.2d 153, lv denied 76 N.Y.2d 945).
Concur — Carro, J.P., Milonas, Rosenberger, Ross and Rubin, JJ.