Opinion
January 28, 1992
Appeal from the Supreme Court, Bronx County (William C. Donnino, J.).
Defendant argues that he was denied effective assistance of counsel, since his trial attorney did not know that People v Mingo ( 125 Misc.2d 373) had been reversed by this court ( 121 A.D.2d 307), and was unaware of People v. Petralia ( 62 N.Y.2d 47). This lapse does not warrant reversal. The request for production of the undercover officer would not have been successful in any event, and the mere request for such relief, even if the result of ignorance, did not prejudice defendant. It has not been shown that counsel, who properly moved for suppression, did not competently cross-examine the officer, or otherwise effectively represent defendant at the hearing or subsequent plea.
Concur — Sullivan, J.P., Kupferman, Ross and Kassal, JJ.