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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OCTAVIUS F. FRYAR, Appellant.

Ordered that the judgment is affirmed.

The defendant argues that his conviction should be reversed because of a conflict of interest in the Public Defender's office representing both the defendant and his codefendant. We disagree. Joint representation is not per se forbidden, and a plea of guilty will be vacated only where "the defendant demonstrates that a significant possibility of a conflict of interest existed bearing a substantial relationship to the conduct of the defense" (People v Recupero, 73 N.Y.2d 877, 879). The defendant has failed to meet this burden, and there is nothing in the record to indicate that the plea was induced by any consideration other than the defendant's best interests (see, People v Recupero, supra, at 879). Rosenblatt, J.P., Ritter, Copertino and Pizzuto, JJ., concur.

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PEOPLE v. FRYAR
(Nov 8, 1993)