PEOPLE v. MAHER


85 A.D.2d 501 (1981)

The People of the State of New York, Respondent, v. Patrick W. Maher, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 1, 1981


We are satisfied that on this record wherein defendant was represented together with codefendants by the same attorney, the defendant demonstrated the significant possibility of an actual conflict of interest. Under such circumstances, the failure by the trial court to ascertain, on the record, whether the defendant had an awareness of the potential risks involved in that course and had knowingly chosen it, mandates reversal and a new trial. (See People v Macerola...

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