People v. Lincoln

*546Although we find that the evidence presented by the prosecution was legally sufficient to sustain the verdict convicting the defendant, and the verdict was not against the weight of the evidence, certain improprieties committed by the trial court deprived the defendant of a fair trial and, thus, a new trial is required (see, People v Gale, 138 AD2d 401).

At the pretrial proceedings, the defendant was represented by an attorney assigned pursuant to County Law § 722-d. Upon learning that the defendant was employed by the New York City Department of Transportation earning $18,000 per annum, the…