People v. Stewart, 75 N.Y.2d 950 (1990)
Both the defense and prosecution have an affirmative duty to disclose potential conflicts of interest arising from defense counsel’s representation of a prosecution witness, so the trial judge can conduct a Gomberg inquiry.
Summary
The New York Court of Appeals reversed the Appellate Division’s order and mandated a new trial because the defense counsel concurrently represented the prosecution’s primary witness on an unrelated civil matter, creating a conflict of interest. Neither the defense nor the prosecution alerted the trial court to this conflict, preventing the judge from conducting an inquiry to ensure the defendant was aware of the potential risks and knowingly chose to proceed. The court emphasized the mandatory affirmative obligation of both parties to recognize and disclose potential conflicts, especially when counsel represents a key prosecution witness.
Facts
The defendant was on trial in a criminal matter. Unbeknownst to the trial court, the defendant’s defense counsel also represented the prosecution’s primary witness in an unrelated civil matter. Both defense counsel and the prosecutor were aware of this dual representation. No one informed the trial court about this potential conflict of interest.
Procedural History
The case proceeded to trial, and the defendant was convicted. The Appellate Division affirmed the conviction. The New York Court of Appeals reversed the Appellate Division’s order, finding that the failure to disclose the conflict of interest warranted a new trial.
Issue(s)
Whether defense counsel’s concurrent representation of the prosecution’s primary witness on an unrelated civil matter, coupled with the failure of both defense counsel and the prosecution to disclose this conflict to the trial court, constitutes ineffective assistance of counsel and requires a reversal of the conviction.
Holding
Yes, because both the prosecution and defense counsel have a mandatory affirmative obligation to disclose potential conflicts of interest, especially when defense counsel represents an important prosecution witness, and their failure to do so prevented the trial court from conducting a necessary inquiry to ensure the defendant knowingly waived the conflict.
Court’s Reasoning
The Court of Appeals applied the principles established in People v. Gomberg and People v. Macerola, extending them to situations where defense counsel represents an important prosecution witness. The court emphasized the mandatory affirmative obligation of both the prosecution and defense counsel to recognize and alert the court to potential conflicts. This obligation stems from the defendant’s right to effective assistance of counsel, which can be undermined by undisclosed conflicts. The court stated that the inquiry is vital “because defendants may not always sense when a conflict exists or perceive how it might undermine effective representation.” The court found the failure to inform the trial court “inexcusable” and noted that both the District Attorney and defense counsel were previously involved in a similar omission that led to a reversal, making them particularly aware of their duty. The court concluded that “Under these circumstances, a reversal and new trial are required.”