PEOPLE v. BAEZ


41 A.D.3d 612 (2007)

840 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO BAEZ, Appellant.

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

Decided June 12, 2007.


Ordered that the judgment is affirmed.

The defendant was not denied the effective assistance of counsel due to the existence of an alleged conflict of interest. A defendant alleging ineffective assistance of counsel based on a conflict of interest must do more than show that the defense counsel had a potential conflict of interest. To prevail, the defendant must establish that "`the conduct of his defense was in fact affected by the operation of the conflict of interest...

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