People v. Cooper

OPINION OF THE COURT

John V. Rogowski, J.

This is a CPL article 440 motion by defendant to set aside his convictions in three drug-related cases. He contends that his constitutional right to effective representation by trial counsel was violated because the attorney assigned to handle his cases was, throughout the period of that representation, also a part-time town prosecutor designated as an Assistant District Attorney of this County. The People, while generally *484acknowledging the factual correctness of defendant’s argument, insist that counsel’s position did not deprive defendant "of his…