Opinion
June 3, 1997
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
Defendant's request for new assigned counsel was properly denied, after sufficient inquiry, since defendant failed to establish good cause for such substitution ( People v. Sides, 75 N.Y.2d 822). On the existing record, we conclude that defendant received effective assistance of counsel in connection with his knowing, intelligent and voluntary plea of guilty ( People v. Ford, 86 N.Y.2d 397, 404), as well on his meritless motion to withdraw that plea ( People v. Ortiz, 221 A.D.2d 176). Defendant's attacks on his counsel did not create a conflict requiring substitution ( People v. Jenkins, 176 A.D.2d 597, lv denied 79 N.Y.2d 858). Although counsel misadvised defendant regarding the appealability of his statutory speedy trial claim, the record establishes that such advice occurred after the plea was taken, and thus could not have induced the plea ( People v. Rivers, 228 A.D.2d 291, lv denied 88 N.Y.2d 993; see also, People v. Ramos, 63 N.Y.2d 640). Moreover, the record fails to show any merit to the alleged speedy trial violation ( see, People v. Mackenzie, 233 A.D.2d 101, lv denied 89 N.Y.2d 944).
Concur — Sullivan, J.P., Milonas, Wallach, Tom and Mazzarelli, JJ.