People v. Austin

Appellate Division of the Supreme Court of New York

People v. Austin

38 A.D.2d 594, 328 N.Y.S.2d 695, 1971 N.Y. App. Div. LEXIS 2654

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1971

StatusPublished

This text of 38 A.D.2d 594 (People v. Austin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Austin, 38 A.D.2d 594, 328 N.Y.S.2d 695, 1971 N.Y. App. Div. LEXIS 2654 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 15, 1967, convicting him of possession of a dangerous weapon as a felony and possession of burglar’s tools as a misdemeanor, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial granted. The findings of fact below are [595]*595affirmed. In our opinion, it was error for the trial court to proceed with the trial after counsel had advised the court that he wished to be relieved as counsel for one or the other of the two codefendants because there was a conflict of interest between them (People v. Byrne, 17 N Y 2d 209; People v. Sprinkler, 16 A D 2d 705). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 15, 1967, convicting him of possession of a dangerous weapon as a felony and possession of burglar’s tools as a misdemeanor, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial granted. The findings of fact below are [595]*595affirmed. In our opinion, it was error for the trial court to proceed with the trial after counsel had advised the court that he wished to be relieved as counsel for one or the other of the two codefendants because there was a conflict of interest between them (People v. Byrne, 17 N Y 2d 209; People v. Sprinkler, 16 A D 2d 705). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 594, 328 N.Y.S.2d 695, 1971 N.Y. App. Div. LEXIS 2654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-austin-nyappdiv-1971.