From Casetext: Smarter Legal Research

People v. Konstantinides

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2008
55 A.D.3d 752 (N.Y. App. Div. 2008)

Opinion

No. 2006-02079.

October 14, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.) rendered February 6, 2006, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

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

Before: Rivera, J.P., Dillon, Covello and Angiolillo, JJ.


Ordered that the judgment is affirmed.

The defendant was not denied the effective assistance of counsel due to an alleged conflict of interest. A defendant alleging ineffective assistance of counsel based on a conflict of interest must do more than show that defense counsel had a potential conflict of interest. To prevail, the defendant must establish that the conflict of interest in fact affected the conduct of his defense ( see People v Abar, 99 NY2d 406; People v Smart, 96 NY2d 793; People v Longtin, 92 NY2d 640, 644; People v Alicea, 61 NY2d 23, 31). The defendant failed to do so.

The defendant's contention that he was entitled to a hearing pursuant to CPL 400.21 (5) is unpreserved for appellate review and, in any event, is without merit.

The defendant's contention that his sentencing as a persistent violent felony offender violated his constitutional right to a jury trial pursuant to Apprendi v New Jersey ( 530 US 466) is unpreserved for appellate review ( see People v Singh, 35 AD3d 633, 634) and, in any event, is without merit ( see People v Rawlins, 10 NY3d 136, 158; People v Rivera, 5 NY3d 61, 67).


Summaries of

People v. Konstantinides

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2008
55 A.D.3d 752 (N.Y. App. Div. 2008)
Case details for

People v. Konstantinides

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE KONSTANTINIDES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 2008

Citations

55 A.D.3d 752 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 7931
864 N.Y.S.2d 775

Citing Cases

People v. Konstantinides

The Appellate Division affirmed a judgment of the Supreme Court, Queens County (Richard L. Buchter, J.) which…

People v. Konstantinides

DECISION & ORDERApplication by the appellant for a writ of error coram nobis to vacate, on the ground of…