The trial court properly denied defendant's CPL 440.10 motion to set aside the judgment of conviction, alleging ineffective assistance of counsel due to a conflict of interest. Counsel, during trial, was allegedly told, under privilege, by a defense witness who also was a former client, that he was the possessor of the narcotics, rather than the defendant. Although counsel's knowledge of this information could establish that a conflict of interest existed, defendant failed...
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