PEOPLE v. PENA

4151, 6127/06.

81 A.D.3d 412 (2011)

916 N.Y.S.2d 768

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDY PENA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 1, 2011.


Defendant was not deprived of his right to conflict-free counsel when his attorney represented a codefendant at a joint guilty plea proceeding, in the temporary absence of the codefendant's own attorney. Defendant has not established that any conflict of interest operated to his detriment or bore a substantial relation to the conduct of the defense (see People v Recupero, 73 N.Y.2d 877, 879 [1988]; see also Cuyler v Sullivan...

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