People v. Frye
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Eight years before the instant charges of criminal sale and possession of marihuana, the District Attorney, while in private practice, had represented that defendant on unrelated charges. Defendant contends that the failure to disqualify the District Attorney’s office solely on account of that prior representation mandates reversal of his conviction. We disagree.
Where the charges are unrelated, removal of the prosecutor is warranted only when necessary to protect a defendant from actual prejudice arising from a conflict of interest or a substantial…
2Cases cited7 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- People v. BlimNew York Court of Appeals · 1984
- People v. JacksonNew York Court of Appeals · 1983
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3Cited by6 opinions
- People v. PfahlerAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GigliutoAppellate Division of the Supreme Court of the State of New York · 2005
- In re Jimmy D.Appellate Division of the Supreme Court of the State of New York · 2003
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GallagherAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.