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PEOPLE v. ABAR

99 N.Y.2d 406 (2003)

786 N.E.2d 1255

757 N.Y.S.2d 219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER A. ABAR, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 2003.

Attorney(s) appearing for the Case

Richard V. Manning, Parishville, for appellant.

Jerome J. Richards, District Attorney, Canton (Laurie L. Paro of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT and READ concur with Judge GRAFFEO; Judge SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

Defendant seeks to set aside his conviction on the ground that his attorney's prior representation of the People as an assistant district attorney automatically denied him effective assistance of counsel. Because the record supports the Appellate Division's determination that the alleged conflict did not operate on the defense, we conclude that the Appellate Division order upholding defendant's conviction should be affirmed...

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