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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL CASTRO, Appellant.

Defense counsel's representation of defendant at the motion to withdraw the plea was not ineffective. Given the motion's obvious lack of merit, there was no need to appoint new counsel ( People v Ortiz, 221 A.D.2d 176). Defendant's attorney was under no obligation to amplify defendant's unsupported assertions ( see, People v. Burgos, 177 A.D.2d 587, lv denied 79 N.Y.2d 944), and the record indicates that counsel's comments were not adverse to defendant's interests and did not influence the court's decision to deny defendant's motion to withdraw his plea ( see, People v Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892).

We have reviewed defendant's remaining contentions, including those contained in his pro se supplemental and reply briefs, and find them to be without merit.

Concur — Ellerin, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.

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PEOPLE v. CASTRO
(Sep 16, 1997)