PEOPLE v. MATTISON


67 N.Y.2d 462 (1986)

The People of the State of New York, Respondent, v. Donald Calvin Mattison, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1986.


Attorney(s) appearing for the Case

Cynthia S. Hutchinson for appellant.

James T. Hayden, District Attorney (Weeden A. Wetmore of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur.


KAYE, J.

Absent inquiry by the court and consent by the defendant, an attorney may not represent a criminal defendant in a trial at which a star prosecution witness is a codefendant whose plea bargain — including the promise to testify against defendant — was negotiated by a partner in the same firm. In these circumstances defendant is denied his right to effective assistance of counsel.

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