People v. Crump

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

*825The trial court in this case made no inquiry on the record to ascertain whether the defendant was aware of the potential risks inherent in defense counsel’s joint representation of defendant and James Barclay, a codefendant. This failure to inquire is reversible error if there is a “significant possibility” of conflict of interest between defendant and Barclay. (See, e.g., People v Macerola, 47 NY2d 257, 264; People v Baffi, 49 NY2d 820, 822.) Here, defendant and Barclay were both…