AD4 order dated June 17, 2011, reversing a judgment of conviction and granting a new trial. Decision below: 87 AD3d 36, 925 NYS2d 797. Smith, J., granted leave to People December 16, 2011.

ISSUE PRESENTED: Where the co-defendant had a simultaneous bench trial along with the defendant’s jury trial, whether the trial judge erred in allowing the co-defendant, who had an antagonistic defense, to testify in front of defendant’s jury.

Propriety of permitting co-defendant with antagonistic defense to testify in front of defendant's jury, where co-defendant was being tried simultaneously in a bench trial.