Opinion
March 17, 1986
Appeal from the Supreme Court, Queens County (Gallagher, J.).
Judgment affirmed.
The defendant contends that it was error for the court to allow him to be cross-examined as to underlying charges which were dismissed when he pleaded guilty to possession of burglar's tools in 1980. This argument has no merit since a dismissal of underlying charges in connection with a guilty plea is not a dismissal on the merits which would preclude cross-examination as to those underlying charges (see, People v. Alberti, 77 A.D.2d 602, lv denied 51 N.Y.2d 728, cert denied 449 U.S. 1018).
We find no support in the record for the defendant's contention that he failed to receive meaningful assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 147). The statement which the defendant made to the police which was admitted in evidence by stipulation of defense counsel was exculpatory and clearly voluntary.
The defendant's other contentions are either unpreserved or without merit. Gibbons, J.P., Bracken, Weinstein and Niehoff, JJ., concur.