Court of Appeals — Conflict of Interest: People v. Sanchez

Daily Record Staff//June 11, 2013//

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Prior Representation of Criminal Accomplice

People v. Sanchez
No. 107
Judge Graffeo

Background: On appeal the defendant argued that he was deprived effective assistance of counsel based on his counsel’s alleged conflict of interest. The defendant was charged with robbing a taxi with an accomplice. The defendant’s counsel had, on a prior case, defended the alleged accomplice. However, police informants fingered a second suspect as the accomplice who may have been connected with the defense counsel’s prior client. The defense counsel did not believe a conflict would exist, so long as the second suspect was not brought up during the trial.

Ruling: The Court of Appeals held that he defendant did not establish that he was deprived effective assistance of counsel. However, the defendant was entitled to raise the issue in a CPL Article 440 proceeding that would permit further factual development of the circumstances pertaining to the alleged conflict.

Margaret E. Knight for the appellant; Noah J. Chamoy for the respondent

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