People v. Solomon

OPINION OF THE COURT

Smith, J.

The lawyer who represented defendant at a pretrial hearing and at trial was simultaneously representing, in an unrelated *94matter, a police officer who testified for the People that defendant had confessed to one of the charged crimes. We hold that, because there was no valid waiver of the lawyer’s conflict of interest, defendant is entitled to a new trial.

I

Defendant was charged with raping his daughter, and committing other sex offenses against her, over a four-year period beginning when she was 10 years old. The evidence against him included a partial confession,…