PEOPLE v. McDONALD


68 N.Y.2d 1 (1986)

The People of the State of New York, Respondent, v. James McDonald, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1986.


Attorney(s) appearing for the Case

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

Howard R. Relin, District Attorney (Joan A. Psaila of counsel), for respondent.

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


MEYER, J.

An attorney's concurrent representation of both a defendant charged with arson and the corporation whose building he is alleged to have damaged and whose corporate officer gives testimony tending to prove his guilt involves a conflict of interest which, absent inquiry by the court and the informed consent of the defendant, deprives the defendant of the effective assistance of counsel. The order of the...

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