Opinion
1674
September 30, 2003.
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered July 28, 1999, convicting defendant, upon his plea of guilty, of two counts of conspiracy in the second degree, and sentencing him to concurrent terms of 7 to 21 years, unanimously affirmed.
Peter A. Sell, for respondent.
Melissa Rothstein, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ.
The court properly denied defendant's motion to withdraw his guilty plea (see People v. Frederick, 45 N.Y.2d 520). The record establishes that the plea was voluntary and that defendant received effective assistance (see People v. Ford, 86 N.Y.2d 397, 404). Defendant received an ample opportunity to be heard on his plea withdrawal motion, and his conclusory and meritless complaints about his attorney did not warrant further inquiry or create a conflict of interest requiring appointment of new counsel (see Cuyler v. Sullivan, 446 U.S. 335, 348-349).
There is no basis for dismissal of the second count of the indictment (see People v. Iannone, 45 N.Y.2d 589).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.