People v. Dicks

266 A.D.2d 106, 698 N.Y.S.2d 477, 1999 N.Y. App. Div. LEXIS 11658

Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered October 17, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The record establishes that defendant received effective assistance of counsel. None of the alleged errors by counsel could have deprived defendant of a fair trial (see, People v Benevento, 91 NY2d 708, 713-714). We note that counsel’s failure to advise defendant of the impending expiration of a plea offer that was previously rejected by defendant did,not constitute ineffective assistance of counsel since the court was under no obligation to hold open a rejected plea offer (see, People v Johnson, 181 AD2d 832, lv denied 80 NY2d 833). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Lerner and Buckley, JJ.