PEOPLE v. MACEROLA


47 N.Y.2d 257 (1979)

The People of the State of New York, Respondent, v. Joseph T. Macerola, Jr., Appellant. The People of the State of New York, Respondent, v. Michael Harry Letko, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1979.


Attorney(s) appearing for the Case

E. Stewart Jones, Jr., for appellant in the first above-entitled action.

Sol Greenberg, District Attorney (George H. Barber and F. Patrick Jeffers of counsel), for respondent in the first above-entitled action.

Thomas J. Neidl for appellant in the second above-entitled action.

Sol Greenberg, District Attorney (George H. Barber and F. Patrick Jeffers of counsel), for respondent in the second above-entitled action.

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


JASEN, J.

The issue presented for our determination on these appeals is whether defendants were deprived of the effective assistance of counsel by reason of counsel's joint representation of defendants at trial. While we had thought the applicable legal principles firmly established by prior decisions of this court, the circumstances of this case compel us to elaborate further on the safeguards which must be...

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