People v Pubrat

I disagree with the majority’s conclusion that “collateral attacks on criminal convictions may not be based solely on the fact that the defendant’s attorney continued to represent the defendant after being suspended from the practice of law.” Ante at 591. Rather, while I would not reverse per se, I would grant an automatic remand in any case in which a defendant, without knowledge, is represented at significant portions of the case by a suspended attorney.

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Defense attorney James Cohen faced disciplinary proceedings and was ultimately suspended from the practice of law because of his plea of…