People v. Phinney

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of first degree rape and second degree burglary, defendant argues that his consent to representation by assigned counsel, notwithstanding a possible conflict of interest, was not informed. Defendant also claims that counsel’s representation was ineffective and that the court erred in denying his post-trial motion for a hearing to determine whether new evidence supported an insanity defense. Each of these claims lacks merit. At the outset of the trial the court advised defendant of a possible conflict of interest and defendant’s consent to assigned counsel’s representation indicated defendant’s awareness of the potential risks involved (see, People v Macerola, 47 NY2d 257 , 263; People v Gomberg, 38 NY2d 307 , 313-314). Moreover, on this record, it is evident that counsel’s represen