People v. Harvey

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in denying his motion to dismiss the indictment on the ground that he was not provided independent counsel at the preliminary hearing. The record shows that a Wayne County Assistant Public Defender represented both defendant and his codefendant at that hearing. The Public Defender’s office subsequently declared a conflict of interest in representing both defendant and his codefendant. Defendant *973was provided new counsel, who moved to dismiss the indictment on the ground that his client did not have…