Opinion
2526.
Decided December 18, 2003.
Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered June 7, 2002, convicting defendant, upon her plea of guilty, of murder in the first degree, and sentencing her to a term of 20 years to life, unanimously affirmed.
Nhu P. Nguyen, for Respondent.
Bruce D. Austern, for Defendant-Appellant.
Before: Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ.
Defendant was not entitled to the assignment of new counsel in connection with her motion to withdraw her guilty plea. There was no conflict of interest adversely affecting counsel's representation of defendant ( see Cuyler v. Sullivan, 446 U.S. 335, 348-350). The information provided by counsel essentially reiterated matters already in the record ( see People v. Burgos, 298 A.D.2d 190, lv denied 99 N.Y.2d 580), and was not material to the issues raised by defendant in her plea withdrawal application. Furthermore, the court expressly stated that in denying the application it was relying on the plea allocution and on defendant's statements made in support of her application.
Accordingly, counsel's statements could not have influenced the court's decision ( see e.g. People v. Nawabi, 265 A.D.2d 156, lv denied 94 N.Y.2d 865).
Defendant's application to withdraw her guilty plea was properly denied after a proper inquiry in which defendant was afforded a sufficient opportunity to be heard. The record establishes that defendant's plea was knowing, intelligent and voluntary.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.