Opinion
530
March 18, 2003.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered July 9, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Raymond Joe, for respondent.
Dolores Kanski, for defendant-appellant.
Before: Tom, J.P., Saxe, Rosenberger, Lerner, Marlow, JJ.
Defendant's plea allocution, at which the court properly warned him of the rights he was waiving, was knowing and voluntary (see Boykin v. Alabama, 395 U.S. 238; People v. Harris, 61 N.Y.2d 9).
Defense counsel was not ineffective for failing to request a more detailed plea allocution. Defendant's other attacks on his attorney implicate the strategic decision that defendant would accept the plea offer rather than pursue other possible approaches to his defense. The record contains no support for defendant's claim that he did not receive the effective assistance of counsel (see People v. Ford, 86 N.Y.2d 397, 404; People v. Benevento, 91 N.Y.2d 708, 713-714). We note that at the time of the plea, the attorney made it clear that he had apprised defendant of a possible factual issue in his case, and that defendant had nevertheless chosen to plead guilty.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.