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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELMY RODRIGUEZ, Appellant.

The court made a sufficient inquiry into defendant's claims regarding assigned counsel's ineffectiveness and purported conflict of interest and did not improvidently exercise its discretion in denying defendant's application for the assignment of new counsel (People v. Sides, 75 N.Y.2d 822). Counsel did not act against defendant's interest by stating that there was no impediment to sentencing (People v. Thomas, 200 A.D.2d 413, lv denied 83 N.Y.2d 915), and counsel's response to defendant's meritless attacks on counsel's preparation did not create a conflict of interest.

Defendant's plea was knowingly, voluntarily and intelligently entered and nothing in the factual allocution cast doubt on defendant's guilt.

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Milonas, J. P., Rosenberger, Nardelli, Wallach and Rubin, JJ.

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PEOPLE v. RODRIGUEZ
(Jun 30, 1998)