New York Court of Appeals

The People of the State of New York v. Nicholas Sanchez

June 4, 201321 N.Y.3d 216

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the defendant failed to demonstrate that the alleged conflict of interest with his former counsel operated on his defense, that the lack of a Gomberg inquiry was not reversible error, that the identification procedures were not unduly suggestive, and that newly discovered evidence did not warrant a new trial. The court also noted the issue may be pursued in a CPL article 440 proceeding.