Decided On : 6/9/2016
AD3 order dated June 11, 2015, affirming denial of CPL 440.10 motion without a hearing. Decision below: 129 AD3d 1217, 13 NYS3d 578. Fahey, J., granted leave November 4, 2015. To be argued May 4, 2016.
ISSUES PRESENTED: Defendant alleged in a CPL 440.10 motion that one of his trial attorneys was conflicted, and thus ineffective, because he was also representing the District Attorney in an election-law matter. (1) Whether there was evidence that the attorney was representing the District Attorney at the same time he was representing defendant, and, (2) if so, did the conflict “operate” since the attorney’s representation ended two months before the start of defendant’s trial. (3) Whether the 440 motion court was required to disqualify the District Attorney’s Office with regard to the motion.