People v. Butts

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in failing to inform him of the possibility of a conflict of interest because his trial counsel had previously represented a prosecution witness and in failing to conduct a Gomberg inquiry (see, People v Gomberg, 38 NY2d 307, 313-314). Here, defense counsel’s prior representation of the prosecution witness involved an entirely different incident, which ended years before defendant was charged with the crimes at issue. “[Although counsel’s duty of confidentiality to his former client may…