People v. De Freese

Hopkins, J.,

dissents and votes to reverse the judgment and order a new trial, with the following memorandum: We remitted this case to the County Court, Orange County, to hear and report on the denial of the defendant’s motion to disqualify the District Attorney and to appoint a special prosecutor (People v De Freese, 63 AD2d 653). The report of the County Court Judge finds that Norman Shapiro, Chief Attorney for the Legal Aid Society of Orange County, represented the defendant after the defendant’s indictment at the arraignment of the defendant on November 6, 1974. The record further…