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PEOPLE v. KONSTANTINIDES

No. 198

14 N.Y.3d 1 (2009)

2009 NY Slip Op 9311

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE KONSTANTINIDES, Appellant.

Court of Appeals of New York.

Decided December 17, 2009.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (De Nice Powell and Lynn W.L. Fahey of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Karen Wigle Weiss and John M. Castellano of counsel), for respondent.

Judges GRAFFEO, PIGOTT and JONES concur with Judge READ; Judge SMITH dissents in part in a separate opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.

OPINION OF THE COURT

READ, J.

Defendant George Konstantinides contends that he is entitled to a new trial because he was deprived of his right to conflict-free representation. At a minimum, he argues, his sentence should be vacated because Supreme Court did not hold a hearing to determine the constitutionality of one of two prior felony convictions. For the reasons that follow, we reject both claims, and uphold defendant...

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