PEOPLE v. TINEO


64 N.Y.2d 531 (1985)

The People of the State of New York, Respondent, v. Jose Tineo, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1985.


Attorney(s) appearing for the Case

Richard A. Greenberg and David S. Zapp for appellant.

Robert M. Morgenthau, District Attorney (Susan Corkery and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS and LYNCH concur with Judge JASEN; Judge KAYE dissents and votes to reverse in a separate opinion in which Judge MEYER concurs; Judge ALEXANDER taking no part.


JASEN, J.

We are asked on this appeal whether the trial court erred in granting defense counsel's motion to be relieved on the ground that he had previously represented the People's confidential informant, and rejecting counsel's subsequent request, three days later, to be reinstated.

This criminal prosecution arose from the participation of defendant, Jose Tineo, in a scheme to sell heroin to an undercover...

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