PEOPLE v. SANCHEZ

3438C/05, 5647

95 A.D.3d 241 (2012)

941 N.Y.S.2d 599

2012 NY Slip Op 2616

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS SANCHEZ, Appellant.

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

Decided April 10, 2012.


Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Margaret E. Knight of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Noah J. Chamoy and Rafael Curbelo of counsel), for respondent.

TOM, J.P., SAXE and ROMAN, JJ., concur with DeGRASSE, J.; FREEDMAN, J., dissents in a separate opinion.


OPINION OF THE COURT

DEGRASSE, J.

We find that defendant has not made a showing that he was denied effective assistance of counsel by reason of a conflict of interest that "operated on" or otherwise affected his defense at trial (see People v Konstantinides, 14 N.Y.3d 1, 14 [2009]).

The complainant, a livery cab driver, was robbed at gunpoint by two assailants, one of whom he identified as defendant. On...

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