People v. Johnson

Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered April 22, 1998, convicting defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

Since defendant’s motion to withdraw his plea was clearly meritless (see, People v Coleman, 268 AD2d 303, lv denied 95 NY2d 794; People v Clarke, 251 AD2d 7), counsel’s refusal to support it did not require appointment of new counsel (People v Simpson, 238 AD2d 193). In deciding the motion, the court was…