New York Court of Appeals
The People of the State of New York v. David Dunlop Shinkle
December 18, 198051 N.Y.2d 417
Summary
The New York Court of Appeals vacated Shinkle's convictions and reversed the Appellate Division because the former Legal Aid attorney who had represented him became Chief Assistant District Attorney, creating an appearance of impropriety and risk of prejudice. The Court remanded the case for further proceedings; a dissent argued that no per se disqualification is required absent proof of actual prejudice.