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PEOPLE v. NAWABI

265 A.D.2d 156 (1999)

696 N.Y.S.2d 35

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FAREEDULLAH NAWABI, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 5, 1999.

Since it was apparent that defendant had command of the English language, the court properly denied his motion to withdraw his guilty plea. Defendant was not deprived of effective assistance of counsel as a result of counsel's adverse position on the motion. The record clearly establishes that the court's rejection of defendant's motion was not influenced by counsel's comments (see, People v Smith, 253 A.D.2d 668, lv denied

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