PEOPLE v. SHINKLE


51 N.Y.2d 417 (1980)

The People of the State of New York, Respondent, v. David Dunlop Shinkle, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1980.


Attorney(s) appearing for the Case

Carl J. Silverstein and Sol Lesser for appellant.

Joseph Jaffe, District Attorney (Philip E. Conaty of counsel), for respondent.

Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Judge JASEN dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs.


JONES, J.

Defendant's conviction must be vacated where the executive director of the Legal Aid Society who represented him in the beginning stages of the criminal action later joined the District Attorney's office and remained there during the course of prosecution of the action, notwithstanding that means were designed and scrupulously pursued to insulate him from defendant's case.

On March 8, 1977,...

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