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PEOPLE v. SOLOMON

No. 153.

20 N.Y.3d 91 (2012)

980 N.E.2d 505

956 N.Y.S.2d 457

2012 NY Slip Op 7223

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL J. SOLOMON, Appellant.

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Harrington & Mahoney, Buffalo ( Mark J. Mahoney of counsel), for appellant.

Michael J. Violante , District Attorney, Lockport ( Thomas H. Brandt of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

The lawyer who represented defendant at a pretrial hearing and at trial was simultaneously representing, in an unrelated matter, a police officer who testified for the People that defendant had confessed to one of the charged crimes. We hold that, because there was no valid waiver of the lawyer's conflict of interest, defendant is entitled to a new trial.

I

Defendant...

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