People v. Wandell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant argues that, in the absence of a knowing waiver, he was denied effective assistance of counsel due to his defense counsel’s concurrent representation of the prosecution’s primary witness on an unrelated civil matter (see, People v Gomberg, 38 NY2d 307; People v Macerola, 47 NY2d 257). Under the unique circumstances presented we conclude that there should be a reversal.

As a threshold, the principles of People v Gomberg (supra) and People v Macerola (supra) apply to the…