PEOPLE v. HARINARIN (2006)

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered March 26, 2003, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.

 Defendant's claim that his attorney's concern about his fee created a conflict vitiating defendant's plea is not reviewable on direct appeal because it turns on matters outside the record, particularly as to the substance of counsel's advice before defendant agreed to the plea, and counsel's reason for giving such advice (see People v. Denny, 95 N.Y.2d 921, 721 N.Y.S.2d 304, 743 N.E.2d 877 [2000] ).   On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards (see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 [1995];  see also Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 [1984] ), and that he was not deprived of his right to conflict-free representation (see Cuyler v. Sullivan, 446 U.S. 335, 348-350, 100 S.Ct. 1708, 64 L.Ed.2d 333 [1980];  People v. Harris, 99 N.Y.2d 202, 210-211, 783 N.E.2d 502 [2002] ).   Shortly before the plea, the attorney advised the court that defendant was unable to pay him enough for him to continue the representation.   However, counsel made no application to be relieved.   Counsel obtained a favorable plea, and defendant stated in his allocution that he had not been coerced into taking it.   There is no evidence that counsel's advice concerning the plea was a result of his economic interest (see People v. Husbands, 303 A.D.2d 227, 756 N.Y.S.2d 553 [2003], lv. denied 100 N.Y.2d 562, 763 N.Y.S.2d 819, 795 N.E.2d 45 [2003] ).