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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGO LEIVA, Appellant.

We find defendant's representation by both pretrial counsel and subsequent trial counsel to have been meaningful ( People v. Baldi, 54 N.Y.2d 137). The motion court's summary disposition of factual issues pursuant to CPL 440.30 (4) (d) was proper. We reject defendant's claim that various aspects of pretrial counsel's personal life and professional standing created inherent potential conflicts of interest. In any event, even if any of these alleged potential conflicts existed, there is no showing that any of them affected pretrial counsel's conduct of the defense or affected that of trial counsel after the substitution was made ( see, People v. Ortiz, 76 N.Y.2d 652, 657). Defendant's remaining attacks on pretrial and trial counsel involve matters of strategy and do not establish ineffective assistance.

Defendant's challenges to the court's charge and the People's summation are unpreserved and without merit.

Concur — Ellerin, J.P., Nardelli, Wallach and Rubin, JJ.

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PEOPLE v. LEIVA
(Jan 29, 1998)