People v. Ortiz

OPINION OF THE COURT

Kaye, J.

During defendant’s trial on drug possession charges, a former client privately confessed to trial counsel that the drugs defendant was charged with having possessed were not defendant’s, but that he was the "owner and possessor of those drugs” and defendant "really had nothing to do with that.” In an effort to accommodate both individuals, trial counsel then put the former client on the witness stand as part of the defense case, and the witness exculpated defendant but also perjuriously exculpated himself. In these circumstances, we agree with defendant that…