| People v Konstantinides |
| 2008 NY Slip Op 07931 [55 AD3d 752] |
| October 14, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v GeorgeKonstantinides, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Karen Wigle Weiss of counsel), for respondent.
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 degreeand criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was not denied the effective assistance of counsel due to an alleged conflict ofinterest. A defendant alleging ineffective assistance of counsel based on a conflict of interest must domore than show that defense counsel had a potential conflict of interest. To prevail, the defendant mustestablish that the conflict of interest in fact affected the conduct of his defense (see People v Abar,99 NY2d 406 [2003]; People v Smart, 96 NY2d 793 [2001]; People v Longtin,92 NY2d 640, 644 [1998]; People v Alicea, 61 NY2d 23, 31 [1983]). The defendantfailed to do so.
The defendant's contention that he was entitled to a hearing pursuant to CPL 400.21 (5) isunpreserved for appellate review and, in any event, is without merit.
The defendant's contention that his sentencing as a persistent violent felony offender violated hisconstitutional right to a jury trial pursuant to Apprendi v New Jersey (530 US 466 [2000]) isunpreserved for appellate review (see Peoplev Singh, 35 AD3d 633, 634 [2006]) and, in any event, is without merit (see People v Rawlins, 10 NY3d 136,158 [2008]; People v Rivera, 5 NY3d61, 67 [2005]). Rivera, J.P., Dillon, Covello and Angiolillo, JJ., concur.