PEOPLE v. BURWELL


53 N.Y.2d 849 (1981)

The People of the State of New York, Respondent, v. Frances Burwell, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1981.


Attorney(s) appearing for the Case

Howard B. Comet and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (David H. Steiner and Vivian Berger of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed.

Following a trial by jury, appellant and her husband were both convicted of two counts of criminal possession of stolen property in the third degree, a misdemeanor. Although both were represented by the same retained attorney, the trial court failed to ascertain on the...

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