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  5. 75 N.Y.2d 951 (1990)
 

PEOPLE v. WANDELL

75 N.Y.2d 951 (1990)

The People of the State of New York, Respondent, v. Luke Wandell, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1990.

Attorney(s) appearing for the Case

Thomas E. Reilly for appellant.

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

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

MEMORANDUM.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant argues that, in the absence of a knowing waiver, he was denied effective assistance of counsel due to his defense counsel's concurrent representation of the prosecution's primary witness on an unrelated civil matter (see, People v Gomberg, 38 N.Y.2d 307; People...

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