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PEOPLE v. ANDRADES

4 N.Y.3d 355 (2005)

828 N.E.2d 599

795 N.Y.S.2d 497

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK ANDRADES, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 2005.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jan Hoth and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Nancy D. Killian and Joseph N. Ferdenzi of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

In People v DePallo (96 N.Y.2d 437 [2001]), we held that defense counsel properly balanced the duties he owed to his client and the duties he owed to the court and to the criminal justice system when, during a jury trial, counsel notified the court that his client had offered perjured testimony and refused to use that testimony in his closing argument to the jury. We left open...

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