Court of Appeals of New York

The order of the Appellate Division affirming the trial court's denial of defendant's motion to set aside his robbery conviction without a hearing is modified by remitting the case to County Court for a hearing on the motion, where: 1) defendant is not entitled to an automatic reversal anytime the defense attorney is under investigation or being prosecuted by the same district attorney's office that is trying his client; but 2) to obtain relief, defendant must demonstrate at a hearing on his application that the conduct of his defense was in fact affected by the operation of the conflict of interest, or that the conflict operated on the representation.

Appellate Information

• Decided 12/12/2013
• Published 12/12/2013

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Court

• Court of Appeals of New York

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