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  5. 63 N.Y.2d 630 (1984)
 

MATTER OF BALTER v. REGAN

63 N.Y.2d 630 (1984)

In the Matter of Joseph Balter, as Assistant Public Defender of Monroe County, Appellant, v. John M. Regan, as Judge of the City Court of Rochester, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Brian Shiffrin and Peter Braun of counsel), for appellant.

Robert Abrams, Attorney-General (Betsy Broder and Peter H. Schiff of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge KAYE dissents and votes to reverse in an opinion in which Chief Judge COOKE concurs.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Petitioner, an Assistant Public Defender, was ordered by a City Court Judge to proceed to trial representing a criminal defendant, in spite of the fact that petitioner's office was also representing the People's primary witness in an unrelated criminal proceeding. Both petitioner and the People were further directed not to question...

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