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People v. Ortiz

402 N.E.2d 139, 49 N.Y.2d 718, 425 N.Y.S.2d 801, 1980 N.Y. LEXIS 2083
CourtNew York Court of Appeals
DecidedFebruary 5, 1980
StatusPublished
Cited by8 cases

This text of 402 N.E.2d 139 (People v. Ortiz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ortiz, 402 N.E.2d 139, 49 N.Y.2d 718, 425 N.Y.S.2d 801, 1980 N.Y. LEXIS 2083 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. The court specifically alerted defendant to the possibility that a conflict of interest might flow from joint representation of defendant [719]*719and a codefendant by the same attorney, and informed defendant of his right to separate counsel.- Despite this admonition, defendant insisted on continued joint representation. Having determined to persist in that course of action, defendant may not subsequently contend that he was deprived of effective assistance of counsel because of a possible conflict of interest arising from that joint representation (see People v Gomberg, 38 NY2d 307; cf. People v Macerola, 47 NY2d 257).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Bluebook (online)
402 N.E.2d 139, 49 N.Y.2d 718, 425 N.Y.S.2d 801, 1980 N.Y. LEXIS 2083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ortiz-ny-1980.