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People v. De Suze

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1980
77 A.D.2d 571 (N.Y. App. Div. 1980)

Opinion

July 7, 1980


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 20, 1979, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. Case remitted to the Criminal Term to hear and report on whether the dual representation that occurred in this case impaired the right of this defendant to the effective assistance of counsel, and appeal held in abeyance in the interim. We are of the opinion that the affidavit by the "related" defendant De Hoyos, in which he alleges that he could exculpate this defendant, is, by itself, insufficient to establish a conflict of interest or the significant possibility thereof (see People v. Macerola, 47 N.Y.2d 257, 262). However, in light of the trial court's failure to make the required inquiry (see People v. Gomberg, 38 N.Y.2d 307), and the fact that on the record before us we cannot say that there was not a significant possibility of a conflict of interest, a hearing is necessary to determine whether the representation that occurred in this case impaired the right of this defendant to the effective assistance of counsel (cf. People v. Rivera, 62 A.D.2d 767). Lazer, J.P., Gibbons, Martuscello and O'Connor, JJ., concur.


Summaries of

People v. De Suze

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1980
77 A.D.2d 571 (N.Y. App. Div. 1980)
Case details for

People v. De Suze

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS M. DE SUZE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 7, 1980

Citations

77 A.D.2d 571 (N.Y. App. Div. 1980)