People v. Lewis
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
On this appeal, we reverse defendant’s conviction because his attorney testified against him at a Sirois hearing (see Matter of Holtzman v Hellenbrand [Sirois], 92 AD2d 405, 415 [2d Dept 1983]).
I
Defendant was indicted for possessing and selling controlled substances. The charges were based, in part, on the seizure of drugs and paraphernalia pursuant to a search warrant covering defendant’s premises. In addition to the seized evidence, the People planned to introduce testimony from a witness who had bought cocaine from defendant and returned to the premises…
2Cases cited14 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BaldiNew York Court of Appeals · 1981
- Cuyler v. SullivanSupreme Court of the United States · 1980
- People v. HobotNew York Court of Appeals · 1995
- People v. GeraciNew York Court of Appeals · 1995
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3Cited by11 opinions
- Misicki v. CaradonnaNew York Court of Appeals · 2009
- People v. EnnisNew York Court of Appeals · 2008
- People v. KimesAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BattleAppellate Division of the Supreme Court of the State of New York · 2005
- People v. AcevedoAppellate Division of the Supreme Court of the State of New York · 2007
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