PEOPLE v. DICKS

The record establishes that defendant received effective assistance of counsel. None of the alleged errors by counsel could have deprived defendant of a fair trial (see, People v. Benevento, 91 N.Y.2d 708). We note that counsel's failure to advise defendant of the impending expiration of a plea offer that was previously rejected by defendant did not constitute ineffective assistance of counsel since the court was under no obligation to hold open a rejected plea offer (see, People v. Johnson, 181 A.D.2d 832, lv denied 80 N.Y.2d 833).

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