Opinion
5617.
March 15, 2005.
Judgment, Supreme Court, New York County (Brenda G. Soloff, J.), rendered February 11, 2002, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of three years to life, unanimously affirmed.
Before: Buckley, P.J., Andrias, Friedman, Gonzalez and Sweeny, JJ.
The court properly denied defendant's motion to withdraw his guilty plea, without appointing new counsel. Counsel's comments did not provide any damaging factual information ( compare People v. Rozzell, 20 NY2d 712), and there is no reasonable possibility that they affected the court's decision to deny defendant's patently meritless motion ( see e.g. People v. Burgos, 298 AD2d 190, lv denied 99 NY2d 580; People v. Otero, 282 AD2d 344, 345, lv denied 96 NY2d 905). Accordingly, defendant was not deprived of his right to conflict-free representation.