People v. Indelicato

Appellate Division of the Supreme Court of New York

People v. Indelicato

275 A.D.2d 674, 713 N.Y.S.2d 349, 2000 N.Y. App. Div. LEXIS 10027

Appellate Division of the Supreme Court of the State of New York·Decided September 28, 2000·Published

Opinion

—Judgments, Supreme Court, Bronx County (Dominic Massaro, J.), rendered November 20, 1997, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the fourth degree, and convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, ás a second felony offender, to concurrent terms of 8 years, 1 year, and 7 years, unanimously affirmed.

Defendant has not established that the circumstance that another attorney in his counsel’s firm had one year earlier represented a prosecution witness created a conflict of interest or deprived defendant of meaningful representation. Defendant’s claim that the successive representations affected his counsel’s conduct of the trial is unsupported by the record (see, People v Jordan, 83 NY2d 785; People v Perez, 70 NY2d 773). Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.

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—Judgments, Supreme Court, Bronx County (Dominic Massaro, J.), rendered November 20, 1997, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the fourth degree, and convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, ás a second felony offender, to concurrent terms of 8 years, 1 year, and 7 years, unanimously affirmed.

Defendant has not established that the circumstance that another attorney in his counsel’s firm had one year earlier represented a prosecution witness created a conflict of interest or deprived defendant of meaningful representation. Defendant’s claim that the successive representations affected his counsel’s conduct of the trial is unsupported by the record (see, People v Jordan, 83 NY2d 785; People v Perez, 70 NY2d 773). Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.

People v. Indelicato, 275 A.D.2d 674, 713 N.Y.S.2d 349, 2000 N.Y. App. Div. LEXIS 10027 (N.Y. Ct. App. 2000).

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Opinion

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