People v. Macerola, 47 N.Y.2d 258 (1979)
When multiple defendants are represented by the same attorney, the trial court has a duty to adequately advise each defendant of the potential conflict of interest and the right to separate counsel.
Summary
Macerola and four codefendants were jointly represented at a trial for assault. The New York Court of Appeals reversed the order of the Appellate Term and ordered a new trial, holding that the trial court failed to adequately advise Macerola of the potential conflict of interest arising from the joint representation. The court found that the trial court’s inquiry was insufficient because it did not clearly inform Macerola of his right to separate counsel or alert him to the potential conflict. Because of the nature of the evidence against multiple defendants in the brawl, prejudice was possible, requiring reversal.
Facts
The case arose from a brawl in a public place involving several young men. Macerola and four codefendants were represented by the same attorney at their trial for assault. At trial, many eyewitnesses were unable to identify individual defendants as participants in the brawl. Few witnesses could specifically identify Macerola as an assailant.
Procedural History
Following Macerola’s conviction at trial, he appealed, arguing that the trial court failed to adequately advise him of a potential conflict of interest due to the joint representation. The Appellate Term affirmed the conviction. Macerola then appealed to the New York Court of Appeals.
Issue(s)
Whether the trial court adequately advised Macerola of the potential conflict of interest arising from the joint representation and his right to separate counsel.
Holding
No, because the trial court did not clearly inform Macerola that he had a right to separate counsel or attempt to alert him, even in general terms, to the potential conflict of interest.
Court’s Reasoning
The Court of Appeals emphasized the trial court’s duty to ensure that a defendant understands the risks of joint representation. The court noted that the trial court asked the defendants if they were aware of the joint representation and if they had discussed the matter with their attorney. However, the court found this inquiry insufficient because the trial court “never clearly informed the defendant that he had a right to separate counsel or attempted to alert the defendants, even in general terms to the potential conflict of interest.”
The court also found that the joint representation created a possibility of prejudice to Macerola. Because eyewitnesses struggled to identify specific participants in the brawl, emphasizing the weakness of the identification against one defendant could implicitly strengthen the case against others. The court reasoned that “counsel could hardly emphasize the weakness of the identification of one defendant without implicitly underscoring the strength of the case against one or more of the others.” This potential conflict, coupled with the inadequate advisement from the trial court, warranted a new trial.