People v. Cooper

Judgment unanimously affirmed. Memorandum: Defendant’s 1988 judgment of conviction of criminal facilitation in the second degree was vacated because defense counsel was a part-time Assistant District Attorney for the Town of West Seneca, where unrelated misdemeanor charges were pending against defendant (People v Cooper, 156 Misc 2d 483). The indictments, however, were not dismissed (People v Cooper, supra, at 488). Thereafter, defendant entered a plea of guilty to two of the three indictments in satisfaction of all three indictments.

Defendant contends that a special prosecutor should have…