AD1 order dated December 2, 2014, reversing judgment of conviction. Decision below: 124 AD3d 95, 998 NYS2d 27. Tom (AD dissenter), J., granted leave to People February 2, 2015. Argued January 14, 2016.

ISSUE PRESENTED: Whether the trial court violated defendant’s right to counsel by disqualifying defense counsel even though defendant waived any potential conflict. The disqualified attorney was a staff attorney with an institutional defender and a potential witness had been represented by a different staff attorney from the same office in charges arising out of the same incident. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601 NYC 10007.)