Case remitted to the Criminal Term to hear and report on whether the dual representation that occurred in this case impaired the right of this defendant to the effective assistance of counsel, and appeal held in abeyance in the interim. We are of the opinion that the affidavit by the "related" defendant De Hoyos, in which he alleges that he could exculpate this defendant, is, by itself, insufficient to establish a conflict of interest or the significant possibility thereof...
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