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The People of the State of New York, Respondent, v. Frank DaCosta, Appellant

New York Supreme Court, Appellate Division1997-12-22
245 A.D.2d 525666 N.Y.S.2d 494

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Opinion

majority opinion

—Appeal by the de fendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered July 5, 1995, convicting him of burglary in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Under the circumstances of this case, the Supreme Court conducted a proper inquiry as to defense counsel’s claimed conflict of interest (see, People v Gomberg, 38 NY2d 307, 314; People v Hunt, 227 AD2d 568).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.