People v. Gonzalez

Judgment, Supreme Court, Bronx County (Daniel FitzGerald, J.), rendered April 28, 1997, convicting defendant, upon a plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 6 to 12 years, unanimously affirmed.

The court properly denied defendant’s meritless motion to withdraw his guilty plea without appointing new counsel. Defense counsel did not become a witness against his client (compare, People v Ferrer, 158 AD2d 315, with People v Santana, 156 AD2d 736, 737), by merely responding affirmatively to the court’s minimal inquiry, and the record establishes…