In re Jason S.

Appellate Division of the Supreme Court of New York

In re Jason S.

126 A.D.2d 951, 511 N.Y.S.2d 722, 1987 N.Y. App. Div. LEXIS 42057

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1987·Published

Opinion

—Order unanimously reversed, on the law, without costs, and new trial granted. Memorandum: The record supports respondent’s contention that he was deprived of the effective assistance of counsel because the same court-appointed counsel represented him as well as the other youths involved in this matter. Since Family Court failed to make satisfactory inquiry and respondent has demonstrated that there exists a significant possibility of a conflict of interest, he is entitled to a new trial (see, Matter of Glenn F., 117 AD2d 1013). (Appeal from order of Erie County Family Court, Killeen, J.—juvenile delinquency.) Present—Callahan, J. P., Den-man, Boomer, Balio and Lawton, JJ.

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—Order unanimously reversed, on the law, without costs, and new trial granted. Memorandum: The record supports respondent’s contention that he was deprived of the effective assistance of counsel because the same court-appointed counsel represented him as well as the other youths involved in this matter. Since Family Court failed to make satisfactory inquiry and respondent has demonstrated that there exists a significant possibility of a conflict of interest, he is entitled to a new trial (see, Matter of Glenn F., 117 AD2d 1013). (Appeal from order of Erie County Family Court, Killeen, J.—juvenile delinquency.) Present—Callahan, J. P., Den-man, Boomer, Balio and Lawton, JJ.

In re Jason S., 126 A.D.2d 951, 511 N.Y.S.2d 722, 1987 N.Y. App. Div. LEXIS 42057 (N.Y. Ct. App. 1987).

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Opinion

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