Opinion
May 31, 1996
Appeal from the Wayne County Court, Parenti, J.
Present — Denman, P.J., Lawton, Wesley, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in denying his motion to dismiss the indictment on the ground that he was not provided independent counsel at the preliminary hearing. The record shows that a Wayne County Assistant Public Defender represented both defendant and his codefendant at that hearing. The Public Defender's office subsequently declared a conflict of interest in representing both defendant and his codefendant. Defendant was provided new counsel, who moved to dismiss the indictment on the ground that his client did not have independent counsel at the preliminary hearing. The court denied the motion and defendant pleaded guilty prior to trial. By pleading guilty on the advice of competent counsel, defendant has forfeited his claim of inadequate representation at the preliminary hearing ( see, People v. Pentgen, 55 N.Y.2d 529, rearg denied 57 N.Y.2d 674; People v. Bethany, 182 A.D.2d 1084, lv denied 80 N.Y.2d 828; People v. Cance, 155 A.D.2d 764; People v. Knapp, 122 A.D.2d 305, 306).