People v. Fioretti

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered as to appellant for the reasons stated in Part B of the opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division (68 AD2d, at pp 574-578). The trial court having made no meaningful inquiry on the record to ascertain whether appellant was cognizant of the potential risks inherent in his representation by the same counsel as his codefendant, the significant possibility of a conflict of interest arising out of the differing types and quantum of evidence against each, including…