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THE PEOPLE, etc., respondent, v. DESHAWN SMART, appellant. (Ind. No. 9209/95)

DECISION ORDER

ORDERED that the judgment is affirmed.

We disagree with the defendant's claim that he was denied the effective assistance of counsel due to the existence of an alleged conflict of interest. "A defendant claiming ineffective assistance of counsel must do more than show that defense counsel had a potential conflict of interest. To prevail, a defendant must demonstrate that the conduct of his defense was in fact affected by the operation of the conflict of interest or that the conflict `operated on' counsel's representation" (see, People v. Longtin, 92 N.Y.2d 640, 644 , quoting from People v. Alicea, 61 N.Y.2d 23, 31 ; see,People v. Ortiz, 76 N.Y.2d 652, 657 ; People v. Allen, 88 N.Y.2d 831 ;People v. Jordan, 83 N.Y.2d 785 ).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

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PEOPLE v. SMART
(Feb 24, 2000)