PEOPLE v. RODRIGUEZ

There is no merit to defendant's argument that the failure of his attorney to assist him in withdrawing his guilty plea, and to move for suppression of the prerecorded buy money, deprived him of effective assistance of counsel. Defendant's attorney was under no obligation to insist on defendant's unsupported assertion of innocence (People v Glasper, 151 A.D.2d 692, 693). Nor does failure to make a pretrial motion establish, by itself, ineffective assistance of counsel (People v Rivera, 71 N.Y.2d 705).

Concur — Milonas, J.P., Ellerin, Kupferman, Asch and Kassal, JJ.