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PEOPLE v. PRESCOTT

No. 80.

21 N.Y.3d 925 (2013)

990 N.E.2d 125

967 N.Y.S.2d 887

2013 NY Slip Op 3266

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE PRESCOTT, Appellant.

Court of Appeals of New York.

Decided May 7, 2013.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany ( Thomas F. Gleason of counsel), for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Matthew B. Powers and Donna A. Milling of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's application for a writ of error coram nobis granted, the Appellate Division's October 2009 order of affirmance vacated, and the case remitted to the Appellate Division for a de novo determination of the appeal to that Court.

Defendant Tyrone Prescott alleges that he was denied effective assistance of counsel due to an unwaived actual conflict of interest...

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