New York Court of Appeals
The People of the State of New York v. Joseph T. Macerola, Jr., Appellant the People of the State of New York v…
June 7, 197947 N.Y.2d 257
Summary
The Court held that the trial judge’s failure to make a record inquiry into the defendants’ informed consent to joint representation, coupled with a demonstrated conflict of interest, violated the constitutional right to effective assistance of counsel, reversing the Appellate Division and ordering a new trial. Justice Gabrielli dissented, arguing no conflict existed and the convictions should be affirmed.