PEOPLE v. GREENE

Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to counsel at his sentencing because when he moved to withdraw his plea, defense counsel took an adverse position to his motion. The record, however, indicates that defense counsel did not take an adverse position to the defendant's request and that the court based its determination upon the record before it and not upon any statements by counsel (see, People v. Sutton, 39 A.D.2d 820; cf., People v. Rozzell, 20 N.Y.2d 712, 713; People v. Santana, 156 A.D.2d 736).

We have reviewed the defendant's remaining contentions and find them to be without merit (see, People v. Seaberg, 74 N.Y.2d 1, 11; People v. Harris, 61 N.Y.2d 9; People v. Kazepis, 101 A.D.2d 816). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.