Opinion
1580-1580A
September 19, 2002.
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered March 19, 2000, convicting defendant, upon his pleas of guilty, of murder in the second degree and robbery in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 15 years to life and 10 years, unanimously affirmed.
MATTHEW GALLUZZO, for respondent.
MARK W. ZENO, for defendant-appellant.
Before: Wallach, J.P., Lerner, Rubin, Friedman, Gonzalez, JJ.
The existing record reveals that defendant received meaningful representation at all stages of the proceedings including his motion to withdraw his guilty plea, and that the motion was properly denied (see People v. Benevento, 91 N.Y.2d 708, 713-714; People v. Ford, 86 N.Y.2d 397, 404). Counsel's initial statement that he had known of no legal basis upon which to move to withdraw the plea did not amount to ineffective assistance of counsel where defendant himself had not provided any such basis (see People v. Diaz, 282 A.D.2d 272, lv denied 96 N.Y.2d 917). In any event, counsel ultimately made a written motion to withdraw the plea. Counsel was under no obligation to raise meritless issues in that motion (cf. Jones v. Barnes, 463 U.S. 745), and, contrary to defendant's argument on appeal, there is nothing in the record to suggest that there were any meritorious issues to raise.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.