People v. Caban

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

While defendant’s trial was in progress, the Presiding Judge reviewed the Grand Jury minutes and discovered for the first time that defense counsel had represented Joaquin Lopez during the Grand Jury inquiry into the incident for which defendant was on trial. Lopez had been a target of the Grand Jury’s inquiry, but he was not ultimately indicted. Upon learning of counsel’s prior representation of Lopez, the trial court questioned him about the possible conflict of interest, 1 noting that Lopez had been on…