People v. Philip L. S.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and a new trial ordered.

At a trial in 1978 for assault, arising out of a brawl in a public place involving a number of young men, the defendant and four codefendants were represented by one attorney. The defendant claims on this appeal that the court failed to adequately advise him of a potential conflict of interest (People v Gomberg, 38 NY2d 307). We agree.

At the beginning of the trial the court asked the defendant and his codefendants if they were aware of the joint representation, if they had discussed the…