Opinion
570176/03, 03-338.
Decided October 20, 2005.
Defendant appeals from (1) a judgment of the Criminal Court, New York County, rendered November 22, 2004 (Marilyn Shafer, J.), convicting her, upon a plea of guilty, of petit larceny (Penal Law § 155.25), and imposing a sentence, and (2) an order of the same court, dated September 1, 2004 (Martin P. Murphy, J.), which denied her motion to vacate the judgment of conviction pursuant to CPL 440.10(1)(h).
Judgment of conviction rendered July 28, 2003 (Marilyn Shafer, J.) and order dated September 1, 2004 (Martin P. Murphy, J.) affirmed.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD, Justices.
A plea of guilty will be sustained in the absence of a factual allocution if there is no indication that the guilty plea was improvident or baseless ( see People v. Winbush, 199 AD2d 447, 448), particularly, where, as here, the defendant was represented by counsel ( see People v. Moore, 93 AD2d 1050).
Defendant's claim that she received ineffective assistance of counsel due to her "attorney's failure to engage in significant conversations" with her, and that her plea was thus rendered involuntary, is without merit. Defendant's allegations, even if true, failed to demonstrate that counsel did not provide meaningful representation where defendant received an advantageous plea and the record does not cast doubt on the apparent effectiveness of counsel ( see People v. Ford, 86 NY2d 397, 404).
This constitutes the decision and order of the court.