PEOPLE v. PRICE

The court properly denied defendant's application to withdraw his guilty plea and properly declined to assign new counsel for purposes of that application. The record establishes that the application was without merit, because defendant's plea was voluntary and was entered with the effective assistance of counsel ( see People v. Ford, 86 N.Y.2d 397, 404). There was no conflict of interest requiring appointment of new counsel ( see Cuyler v. Sullivan, 446 U.S. 335, 348-350), since, in his response to a question from the court, defendant's attorney did not take a position adverse to his client, become a witness against his client or provide the court with damaging factual information ( see People v. Brooks, 299 A.D.2d 226, lv denied 99 N.Y.2d 626; compare People v. Rozzell, 20 N.Y.2d 712).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.