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PEOPLE v. CRISTIN

4562/09.

30 Misc.3d 383 (2010)

911 N.Y.S.2d 784

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. OMARYS CRISTIN, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WANDA PALMERO, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KANTON CALLISTRO, Defendant.

Supreme Court, Bronx County.

Decided November 12, 2010.

Attorney(s) appearing for the Case

Ronald Rubenstein for Omarys Cristin, defendant.

Jeffrey Horn for Wanda Palmero, defendant.

Robert T. Johnson , District Attorney ( Candace Brooks of counsel), for plaintiff.

The Bronx Defenders ( Jocelyn Simonson of counsel), for Kanton Callistro, defendant.

Robert T. Johnson , District Attorney ( John Bieder of counsel), for plaintiff.

OPINION OF THE COURT

RALPH FABRIZIO, J.

In these cases, the court is presented with the question of whether to exercise its discretion and relieve an attorney from representing a client because of an acknowledged conflict arising out of the prior representation of a codefendant in the same matter. In one case, defendant Omarys Cristin is represented by retained counsel, Ronald Rubenstein, who had also been retained to represent codefendant Wanda Palmero...

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