On this record, it is apparent that defense counsel was faced with the ethical dilemma which arises when counsel learns during trial that his client intends to commit perjury. It is also apparent that counsel's actions in discharging his ethical responsibilities (Code of Professional Responsibility DR 7-102 [A] [4] [ 22 NYCRR 1200.33 (a) (4)]) did not deny his client the effective assistance of counsel.
The trial court's Sandoval ruling, if error, was harmless, given the overwhelming evidence of guilt (People v Crimmins, 36 N.Y.2d 230).
Concur — Sullivan, J.P., Asch, Rubin and Nardelli, JJ.