| People v Smith |
| 2009 NY Slip Op 03552 [61 AD3d 1005] |
| April 28, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles Smith, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Richard Longworth Hecht and LoisCullen Valerio of counsel; Michelle K. Bernstein on the brief), for respondent.
Appeals by the defendant from two judgments of the County Court, Westchester County(Walker, J.), both rendered August 15, 2005, convicting him of criminal sale of a controlledsubstance in the fifth degree under indictment No. 01725/03, and robbery in the third degreeunder indictment No. 00060/04, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
Contrary to the defendant's contention, the County Court properly denied his request for theassignment of new counsel on his application to withdraw his pleas of guilty. The defendantsuffered no discernible prejudice based upon his counsel's failure to amplify his pro secontentions (see People v Glasper, 151 AD2d 692, 693 [1989]), and defense counsel"was not obligated to 'participate in a baseless pro se motion to withdraw a plea of guiltywhich was voluntarily, knowingly, and intelligently made' " (People v Pooler, 58 AD3d757 [2009], quoting People v Caple, 279 AD2d 635, 635 [2001]). Moreover, there is nomerit to the defendant's contention that he was denied the effective assistance of counsel (seePeople v Benevento, 91 NY2d 708 [1998]).
The defendant contends that his plea of guilty to robbery in the third degree violated CPL[*2]220.10 (5) (d) (ii). However, as the People correctly argue,the issue is not jurisdictional in nature, as the defendant pleaded guilty to an offense lesser thanthat charged in the indictment (see CPL 470.05 [2]; People v Keizer, 100 NY2d114, 119 [2003]). Mastro, J.P., Dillon, Covello and Dickerson, JJ., concur.