In re Jason S.

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 23, 1987
• Status: 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.