PEOPLE v. ALLAH


80 N.Y.2d 396 (1992)

The People of the State of New York, Respondent, v. Iraefbey Allah, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1992.


Attorney(s) appearing for the Case

Barbara Zolot, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Anthea H. Bruffee and Jay M. Cohen of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


SMITH, J.

The issue here is whether defendant was deprived of the effective assistance of counsel when his attorney absented himself during jury deliberations and the attorneys for two codefendants assumed the defendant's representation. Because an actual conflict existed between defendant and codefendants, defendant was deprived of the effective assistance of counsel. We, therefore, reverse and order a new trial...

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