People v. Gaines

—Judgment reversed as a matter of discretion in the interest of justice, plea vacated and matter remitted to Ontario County Court for further proceedings on the indictment. Memorandum: Defendant contends that the judgment of conviction must be reversed because the court-assigned attorney who represented him in the preliminary stages of the criminal action later joined the Ontario County District Attorney’s Office and was employed by that office at the time that defendant pleaded guilty and was sentenced. Although defendant did not object to the continuing prosecution of the matter by the…