People v. Pennington

Opinion

KING, J.

In this case we hold it was error to set aside an information solely because the defendant was represented at his preliminary hearing by a deputy public defender, who thereafter discovered for the first time that a prosecution witness had previously been represented by the public defender’s office. We conclude no substantial right of the defendant was denied at the preliminary hearing, since the deputy had no knowledge that his office had a potential conflict of interest.

The People appeal from an order setting aside an information charging defendant Anthony Pennington with…