People v. Cruz

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant and his brother, Isidoro, were represented by the same attorney at their trial for the shooting of an off-duty correction officer. The defense presented by their counsel was that the complainant had been mistaken in his identification and that it was actually another brother, Arsemio, who fired the shots.

Where multiple defendants are represented by a common attorney, the trial court is obligated to ascertain on the record whether each defendant is aware of the potential risks involved in joint…