Opinion
December 21, 1992
Appeal from the Supreme Court, Kings County (Gloria Goldstein, J.).
Ordered that the judgment is affirmed.
The defendant's plea of guilty was knowingly and voluntarily entered (see, People v Harris, 61 N.Y.2d 9). The defendant's contention that his counsel failed to provide "meaningful representation" is not supported by the record (see, People v Jackson, 70 N.Y.2d 768). The defendant has failed to show that, but for counsel's allegedly deficient performance, he would not have pleaded guilty and would have insisted upon going to trial (see, People v Hayes, 186 A.D.2d 268). Moreover, the defense counsel's failure to actively participate in the defendant's application to withdraw his plea did not constitute ineffective assistance of counsel considering that the defendant was provided an adequate opportunity to present his contentions and counsel's lack of participation worked no discernable prejudice (see, People v Bell, 141 A.D.2d 749). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.