Opinion
KA 03-00806.
November 21, 2003.
Appeal from a judgment of Oneida County Court (Donalty, J.), entered November 16, 2001, convicting defendant upon his plea of guilty of burglary in the second degree.
Robert P. Moran, Jr., Rome, for Defendant-Appellant.
Michael A. Arcuri, District Attorney, Utica (Carl J. Boykin of Counsel), for Plaintiff-Respondent.
Before: Present: Wisner, J.P., Hurlbutt, Scudder, Gorski, and Lawton, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25), defendant contends that he was denied effective assistance of counsel. That contention does not survive his guilty plea inasmuch as "there is no showing that the plea bargaining process was infected by any alleged ineffective assistance or that defendant entered the plea because of his attorney['s] poor performance" ( People v. Burke, 256 A.D.2d 1244, 1244, lv denied 93 N.Y.2d 851). We further conclude that County Court did not abuse its discretion in denying defendant's request for an adjournment of sentencing for the purpose of retaining a new attorney ( see People v. Kelly, 219 A.D.2d 676, lv denied 87 N.Y.2d 847; People v. De Gaspard, 170 A.D.2d 835, 838, lv denied 77 N.Y.2d 994).