People v. Herr
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment and order unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in denying his CPL 440.10 motion to vacate his judgment of conviction on the ground that he was denied effective assistance of counsel by his counsel’s employment as a Village Prosecutor during the period of representation. We agree with Supreme Court that defense counsel’s employment as a part-time Village Prosecutor did not constitute a conflict of interest and did not deprive defendant of effective assistance of counsel (see, People v Herr, 158 Misc 2d 306; see generally, Mitchell v Maggio,…
2Cases cited13 opinions
- People v. DawsonNew York Court of Appeals · 1980
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- People v. RubinAppellate Division of the Supreme Court of the State of New York · 1984
- People v. RodriguezNew York Court of Appeals · 1984
- People v. GrahamNew York Court of Appeals · 1982
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