PEOPLE v. CASTRO (1997)

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered July 28, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.

Defense counsel's representation of defendant at the motion to withdraw the plea was not ineffective.   Given the motion's obvious lack of merit, there was no need to appoint new counsel (People v. Ortiz, 221 A.D.2d 176, 633 N.Y.S.2d 949).   Defendant's attorney was under no obligation to amplify defendant's unsupported assertions (see, People v. Burgos, 177 A.D.2d 587, 576 N.Y.S.2d 302, lv. denied 79 N.Y.2d 944, 583 N.Y.S.2d 198, 592 N.E.2d 806), and the record indicates that counsel's comments were not adverse to defendant's interests and did not influence the court's decision to deny defendant's motion to withdraw his plea (see, People v. Rodriguez, 189 A.D.2d 684, 592 N.Y.S.2d 965, lv. denied 81 N.Y.2d 892, 597 N.Y.S.2d 953, 613 N.E.2d 985).

We have reviewed defendant's remaining contentions, including those contained in his pro se supplemental and reply briefs, and find them to be without merit.

MEMORANDUM DECISION.