PEOPLE v. WINKLER


71 N.Y.2d 592 (1988)

The People of the State of New York, Appellant, v. Richard Winkler, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1988.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Diane E. Selker and Richard E. Weill of counsel), for appellant.

Robert N. Isseks and Alex Smith for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

Legal representation in a criminal proceeding pursuant to a contingent fee retainer, while unquestionably unethical, does not constitute per se ineffective assistance of counsel. A defendant may, however, be entitled to relief upon satisfying the defense burden of showing that the contingent fee conflict of interest effected less than meaningful and constitutionally guaranteed legal representation...

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