| People v Thomas |
| 2012 NY Slip Op 05936 [98 AD3d 594] |
| August 8, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Thomas, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Sharon Y. Brodt of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Rosengarten, J.), rendered July 15, 2004, convicting him of attempted murder in the seconddegree, gang assault in the first degree, assault in the first degree, burglary in the first degree, andcriminal possession of a weapon in the fourth degree (three counts), upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the Supreme Court failed to adequatelyexplore his waiver of an alleged conflict of interest stemming from the fact that his trial attorneyhad in the past represented one of the prosecution witnesses in an unrelated civil matter. Therecord reveals that this potential conflict was fully disclosed by counsel and adequately exploredby the Supreme Court, after which the defendant knowingly, intelligently, and voluntarily electedto continue being represented by counsel (see People v Wandell, 75 NY2d 951, 952-953[1990]; People v McDonald, 68 NY2d 1, 8 [1986]; People v Corona, 173 AD2d484, 485 [1991]).
The defendant's contentions concerning an alleged Brady violation (see Brady vMaryland, 373 US 83 [1963]), and relating to the prosecutor's summation, are unpreservedfor appellate review, and, in any event, without merit.[*2]
The defendant's remaining contentions are without merit.Skelos, J.P., Balkin, Lott and Miller, JJ., concur.