New York Court of Appeals

The People of the State of New York v. Lloyd Paperno

November 23, 198154 N.Y.2d 294

Summary

The Court reversed the Appellate Division and remanded for further proceedings, holding that a prosecutor is disqualified only when the defendant makes a significant showing that the prosecutor's pretrial conduct will be a material issue at trial; absent such a showing, reversal requires a substantial likelihood of prejudice. Justice Meyer dissented, arguing that the majority should have affirmed the conviction.