People v. Gomberg, 38 N.Y.2d 307 (1975)
A trial court may disqualify a defendant’s chosen counsel, even over the defendant’s objection, when an attorney’s continued representation poses a substantial risk of prejudice to either the prosecution or the defendant due to a conflict of interest.
Summary
Louis Alperin, the defendant’s assigned counsel, discovered he previously represented a key prosecution witness, James Gonzalez, and possessed potentially damaging information about Gonzalez. Fearing prejudice to either the prosecution or the defendant, Alperin moved to be relieved. The trial court granted the motion over the defendant’s objection. The New York Court of Appeals affirmed, holding that while a defendant has a right to counsel, this right is not absolute and the court can disqualify counsel if a conflict of interest creates a substantial risk of prejudice. The court also rejected the defendant’s argument that the sentencing was improper.
Facts
On the eve of trial, defense counsel, Louis Alperin, realized he had previously represented a key prosecution witness, James Gonzalez. Alperin’s prior representation involved intimate knowledge of Gonzalez’s personal history, including potentially embarrassing information. After learning who the defense counsel was, Gonzalez recanted his identification of the defendant. Alperin promptly informed the court and prosecution of the conflict.
Procedural History
The prosecution moved to disqualify Alperin. Alperin joined the motion. The trial court granted the motion, relieving Alperin and assigning new counsel, despite the defendant’s objections. The Appellate Division affirmed the trial court’s decision. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the trial court erred in disqualifying the defendant’s assigned counsel, Louis Alperin, due to a conflict of interest arising from his prior representation of a key prosecution witness, despite the defendant’s desire to retain Alperin.
Holding
No, because a court may disqualify a defendant’s counsel when continued representation poses a substantial risk of prejudice to either the prosecution or the defendant due to a conflict of interest, even if the defendant objects.
Court’s Reasoning
The Court of Appeals acknowledged a defendant’s right to counsel but emphasized that this right is not absolute. The court distinguished this case from situations where a defendant waives a potential conflict or proceeds pro se. The court stated, “Clearly the lawyer cannot terminate the relationship, ex parte. Nor, on the other hand, may the client preclude termination.” The court found that disqualifying Alperin was appropriate because his continued representation created a very likely risk of unfair prejudice to either the prosecution or the defendant. The court reasoned that denying Alperin’s request to be relieved might have violated the defendant’s constitutional rights. The court distinguished United States v. Armedo-Sarmiento, noting that in that case, defense counsel did not join the prosecution’s motion to disqualify. The court also addressed the defendant’s claim of improper sentencing, finding that the sentencing judge’s reference to another crime for which the defendant was indicted but not convicted did not influence the sentences imposed.