Representation of Co-defendants by Attorneys In Same Firm Constituted Ineffective Assistance

Defendant brought a motion pursuant to Criminal Procedure Law Article 440 to vacate his conviction on the ground that he was deprived of effective assistance of counsel.  Defendant’s attorney was “of counsel” to the law firm of the attorney who represented a co-defendant.  The co-defendant agreed to testify against the defendant in return for a lesser sentence.  Ultimately the defendant pled guilty.  In reversing the judgment of conviction, the Third Department, in a decision by Justice Stein, wrote:

When a single attorney or multiple attorneys associated with the same firm simultaneously represent clients in a criminal matter, “if the clients’ interests actually conflict, and if the defendant has not waived the conflict, the defendant is deprived of the effective assistance of counsel”… People v Lynch, 104852, 104945, 3rd Dept 3-26-13