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PEOPLE v. CARNCROSS

No. 38

14 N.Y.3d 319 (2010)

927 N.E.2d 532

901 N.Y.S.2d 112

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES J. CARNCROSS, Appellant.

Court of Appeals of New York.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Mitchell Goris & Stokes, LLC, Cazenovia ( Stewart F. Hancock, Jr. , of counsel), and Bianco Law Offices, Syracuse ( Randi Juda Bianco of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell and Victoria M. White of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

In protecting a defendant's Sixth Amendment rights, a trial court may on occasion properly disqualify the attorney of a defendant's choosing due to that attorney's conflicts, actual or potential, even in the face of defendant's waiver of such conflicts. This is such a case.

In the late afternoon on April 23, 2006, defendant drove away from his home in Onondaga...

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