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PEOPLE v. FIORETTI

49 N.Y.2d 976 (1980)

The People of the State of New York, Respondent, v. Agostino Fioretti, Also Known as Augie, Appellant.

Court of Appeals of the State of New York.

Decided April 24, 1980.

Attorney(s) appearing for the Case

John R. Lewis for appellant.

Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered as to appellant for the reasons stated in Part B of the opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division (68 AD2d, at pp 574-578). The trial court having made no meaningful inquiry on the record to ascertain whether appellant was cognizant of the potential risks inherent in his representation by the same counsel as...

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