PEOPLE v. BROOKS (1999)

Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 2, 1997, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree, resisting arrest, and forgery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that he was denied his right to the effective assistance of counsel when his attorney ignored his desire to testify before the Grand Jury and informed the District Attorney that he did not wish to testify.   Even assuming these allegations to be true, we find no merit to his contention.   A defense counsel's failure to effectuate a defendant's right to testify before the Grand Jury does not, in and of itself, constitute a denial of effective assistance of counsel (see, People v. Wiggins, 89 N.Y.2d 872, 653 N.Y.S.2d 91, 675 N.E.2d 845;  People v. Oppenheimer, 240 A.D.2d 437, 658 N.Y.S.2d 1014;  People v. Rogers, 228 A.D.2d 623, 645 N.Y.S.2d 497;  cf., People v. Jimenez, 180 A.D.2d 757, 580 N.Y.S.2d 393).

MEMORANDUM BY THE COURT.