People v. Herr

*307OPINION OF THE COURT

Mario J. Rossetti, J.

The defendant has moved pursuant to CPL 440.10 to vacate his judgment entered on September 8, 1992 on the grounds that it was obtained in violation of his right to counsel as guaranteed under the Federal and State Constitutions. The gravamen of defendant’s contention is that, since his trial attorney was throughout the proceeding also the Village Prosecutor for the Village of Blasdell, his right to counsel was violated pursuant to People v Shinkle (51 NY2d 417), People v Cooper (156 Misc 2d 483) and the New York State Bar Association Committee on…