PEOPLE v. BROOKS

Following a thorough inquiry, the court properly denied defendant's application to withdraw his guilty plea (People v. Frederick, 45 N.Y.2d 520). The record establishes that defendant's plea was voluntary and that his claim that he was coerced into pleading guilty by excessive pretrial delay and ineffective assistance of counsel is baseless.

There was no conflict of interest requiring appointment of new counsel for the plea withdrawal motion. Defendant's attorney did not take any position adverse to defendant, and he was not required to affirmatively argue on behalf of defendant's meritless arguments (see People v. Robinson, 297 A.D.2d 557, 747 N.Y.S.2d 154).

Based on the factors set forth in People v. Taranovich ( 37 N.Y.2d 442), we conclude that defendant was not deprived of his constitutional right to a speedy trial. We note that most of the 27-month delay was attributable to defendant, and that defendant has not substantiated his claim of prejudice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE