Opinion
September 22, 1998
Appeal from the Supreme Court, New York County (Ira Beal, J.)
The court properly denied defendant's meritless motion to withdraw his guilty plea, after sufficient inquiry. Defendant's conclusory allegation at sentencing that his assigned counsel had coerced him into pleading guilty, which was briefly explored by the court, did not provide a basis for withdrawal of his plea. Appointment of new counsel was not required. Defense counsel did not become a witness against her client by merely responding to the court's minimal inquiry ( compare, People v. Ferrer, 158 A.D.2d 315, with People v. Santana, 156 A.D.2d 736, 737) and the record establishes that the court's rejection of defendant's claim of coercion was not based on any statements by defense counsel ( see, People v. Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892).
Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.