People v. Burwell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed.

Following a trial by jury, appellant and her husband were both convicted of two counts of criminal possession of stolen property in the third degree, a misdemeanor. Although both were represented by the same retained at*851torney, the trial court failed to ascertain on the record whether each defendant was aware of his or her right to separate representation and of the potential risks involved in being represented by the same attorney. In such event, appellant’s conviction…