Balter v. Regan

Petitioner, an attorney in the Monroe County Public Defender’s office, represented Raymond Lennon, an indigent charged with several misdemeanors. When petitioner discovered, just after jury selection, that the chief prosecution witness against Lennon would be Christopher Pellitera, he informed the court that his office represented Pellitera in. a pending unrelated criminal action and, noting the possible impropriety and inherent unfairness of joint representation, asked the court *632to appoint independent counsel for the witness. Instead, the court directed petitioner to proceed with the Lennon…