People v. Perez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court’s failure to conduct a Gomberg inquiry (People v Gomberg, 38 NY2d 307) was not reversible error. In the course of his preparation for trial, defendant’s counsel, a member of the Legal Aid Society, examined the confidential file of the People’s chief witness who was a client of another Legal Aid attorney on a prior unrelated charge. Defendant has not shown that this created a conflict of interest or even a significant possibility thereof (see, People v Lombardo, 61 NY2d 97, 103).

Unlike People…