People v. Berroa

The issue on this appeal is whether defendant was deprived of his right to effective, conflict-free counsel and, if so deprived, whether our reversal of his judgment of conviction is mandated. I conclude that the unusual facts of this case require a reversal and a new trial.

Defendant was indicted for murder in the second degree and other offenses arising out of the June 22, 1994 point-blank shooting death of a drug dealer at Hunts Point and Garrison Avenues in the Bronx. He was arrested the following year after police were alerted to his whereabouts. Defendant denied having known the…