Moxham v. Hanningan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Schnepp, J.
In this CPLR article 78 proceeding petitioners seek to nullify an order of respondent, a County Court Judge, which prohibited petitioner Walter E. Moxham, Jr., from representing petitioner Randy L. Zimmerman in a Niagara County criminal proceeding because of his employment as a part-time Assistant County Attorney, and which ordered Zimmerman to retain other counsel. We conclude that prohibition lies, that Moxham’s employment does not ethically preclude him from representing Zimmerman and that the order of disqualification violates Zimmerman’s Sixth Amendment…
2Cases cited10 opinions
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- People v. GombergNew York Court of Appeals · 1975
- People v. SawyerNew York Court of Appeals · 1982
- La Rocca v. LaneNew York Court of Appeals · 1975
- People v. ArroyaveNew York Court of Appeals · 1980
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3Cited by7 opinions
- Chang v. ChangAppellate Division of the Supreme Court of the State of New York · 1993
- People v. Warmus, New York County Courts1990
- Lanza v. RathNew York Supreme Court · 1991
- People v. ClevengerAppellate Terms of the Supreme Court of New York · 2001
- People v. HerrNew York Supreme Court · 1993
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