People v. De Freese

Appellate Division of the Supreme Court of New York

People v. De Freese

63 A.D.2d 653, 405 N.Y.S.2d 412, 1978 N.Y. App. Div. LEXIS 11528

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

DecidedMay 1, 1978

StatusPublished

Cited by2 cases

This text of 63 A.D.2d 653 (People v. De Freese) 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. De Freese, 63 A.D.2d 653, 405 N.Y.S.2d 412, 1978 N.Y. App. Div. LEXIS 11528 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Orange County, rendered February 11, 1976, convicting him of grand larceny in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of defendant’s motion to disqualify the District Attorney and appoint a special prosecutor. Case remitted to the County Court to hear and report on the defendant’s motion to disqualify the prosecutor, and appeal held in abeyance in the interim. The County Court shall furnish its report with all convenient speed. Pursuant to People v Cruz (55 AD2d 921), a hearing should be conducted to determine what prejudice, if any, the defendant suffered as a result of his representation prior to the trial by the then chief attorney of the Legal Aid Society of Orange County, who subsequently accepted an interim appointment as District Attorney. Mollen, P. J., Hopkins, Titone, Shapiro and Hawkins, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Orange County, rendered February 11, 1976, convicting him of grand larceny in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of defendant’s motion to disqualify the District Attorney and appoint a special prosecutor. Case remitted to the County Court to hear and report on the defendant’s motion to disqualify the prosecutor, and appeal held in abeyance in the interim. The County Court shall furnish its report with all convenient speed. Pursuant to People v Cruz (55 AD2d 921), a hearing should be conducted to determine what prejudice, if any, the defendant suffered as a result of his representation prior to the trial by the then chief attorney of the Legal Aid Society of Orange County, who subsequently accepted an interim appointment as District Attorney. Mollen, P. J., Hopkins, Titone, Shapiro and Hawkins, JJ., concur.

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Bluebook (online)

63 A.D.2d 653, 405 N.Y.S.2d 412, 1978 N.Y. App. Div. LEXIS 11528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-freese-nyappdiv-1978.

Opinion

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