Court of Appeals of New York

Defendant's application for a writ of error coram nobis granted is granted, where: 1) defendant's appellate counsel also represented his co-defendant Martin at Martin's sentencing hearing; 2) appellate counsel argued at Martin's sentencing hearing for leniency based on Martin's trial testimony adverse to the defendant; 3) defendant neither knew nor had the opportunity to waive any conflict arising from appellate counsel's representation of defendant and Martin; and thus, 4) under these circumstances, an actual unwaived conflict existed.

Appellate Information

• Decided 05/07/2013
• Published 05/07/2013

Judges

Court

• Court of Appeals of New York

Counsel