Opinion
Argued February 6, 2001.
March 5, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered June 18, 1998, convicting him of attempted murder in the second degree, robbery in the first degree, robbery in the second degree, assault in the first degree, and assault in the second degree (three counts), upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan Epstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Ushir Pandit of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel arising from joint representation with his codefendant (see, People v. Gomberg, 38 N.Y.2d 307). The defendant was aware of the potential conflict posed by joint representation, and the defendant expressly consented to it. Moreover, no actual conflict between the defendants was shown (see, People v. Mattison, 67 N.Y.2d 462, 468, cert denied 479 U.S. 984; People v. Macerola, 47 N.Y.2d 257, 263; People v. Haynes, 235 A.D.2d 365).
The defendant's remaining contentions are without merit (see, People v. Calderon, 270 A.D.2d 429).