Opinion
March 15, 1999
Appeal from the Supreme Court, Queens County (McGann, J.).
Ordered that the judgment is affirmed.
"A defendant is denied the right to effective assistance of counsel guaranteed by the Sixth Amendment when, absent inquiry by the court and the informed consent of defendant, defense counsel represents interests which are actually in conflict with those of defendant" ( People v. McDonald, 68 N.Y.2d 1, 8; see, People v. Mattison, 67 N.Y.2d 462, 469-470, cert denied 479 U.S. 984). Contrary to the defendant's contention, the Supreme Court's discussion with his counsel regarding a potential conflict between the interests of the defendant and a defense witness constituted a sufficient inquiry to protect the defendant's right to effective assistance of counsel. Furthermore, the conflict, if any actually existed, was resolved when the court assigned separate counsel to the defense witness for purposes of his testimony during the defendant's case.
O'Brien, J. P., Joy, Krausman and Luciano, JJ., concur.