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People v. Maher

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1981
85 A.D.2d 501 (N.Y. App. Div. 1981)

Opinion

December 1, 1981


Judgment, Supreme Court, Bronx County (Cioffi, J.), rendered January 16, 1978, after a jury trial convicting defendant of grand larceny in the second degree, reversed, on the law, and the matter remanded for a new trial. We are satisfied that on this record wherein defendant was represented together with codefendants by the same attorney, the defendant demonstrated the significant possibility of an actual conflict of interest. Under such circumstances, the failure by the trial court to ascertain, on the record, whether the defendant had an awareness of the potential risks involved in that course and had knowingly chosen it, mandates reversal and a new trial. (See People v Macerola, 47 N.Y.2d 257, 264; People v Gomberg, 38 N.Y.2d 307, 313-314.)

Concur — Murphy, P.J., Kupferman, Sandler, Markewich and Lupiano, JJ.


Summaries of

People v. Maher

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1981
85 A.D.2d 501 (N.Y. App. Div. 1981)
Case details for

People v. Maher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK W. MAHER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 1981

Citations

85 A.D.2d 501 (N.Y. App. Div. 1981)

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