People v. Stewart, 81 N.Y.2d 955 (1993)
When defense counsel has a concurrent conflict of interest that substantially relates to the conduct of the defense, and the trial court fails to inquire into whether the defendant understands the potential risks involved in the continued representation, it constitutes reversible error.
Summary
Defendant was convicted of sexual abuse. His attorney, during trial, revealed he also represented the father of one of the victims in an unrelated civil matter. To avoid cross-examining his other client, a deal was made that the father would not be called as a witness. The trial court did not inquire into the defendant’s understanding of this conflict. The New York Court of Appeals reversed the conviction, holding that the attorney’s concurrent representation created a substantial conflict, and the trial court’s failure to conduct a Gomberg inquiry constituted reversible error because the conflict of interest prejudiced the defendant.
Facts
Defendant was charged and convicted of sexual abuse against two former employees. During the trial, after the prosecution rested, defense counsel stated that he also represented the father of one of the victims in an unrelated civil matter. Because of this, he could not cross-examine the victim’s father. The prosecution agreed not to call the father as a witness in exchange for the defense’s agreement not to request a missing witness instruction.
Procedural History
The defendant was convicted at trial. The Appellate Division found that the trial court erred in not conducting a Gomberg inquiry but affirmed the conviction. A judge of the Court of Appeals granted leave to appeal. The Court of Appeals reversed the Appellate Division’s order and ordered a new trial.
Issue(s)
Whether the trial court’s failure to inquire into the defendant’s understanding of the potential risks of continued representation by an attorney with a concurrent conflict of interest constitutes reversible error.
Holding
Yes, because the defense counsel’s concurrent representation of the defendant and the victim’s father created a substantial conflict related to the defense, and the trial court failed to adequately inquire into the defendant’s understanding of the risks.
Court’s Reasoning
The Court of Appeals found that defense counsel’s concurrent representation of the defendant and the victim’s father created a substantial relationship to the conduct of the defense. The court highlighted the conflict arising from the agreement where the defense counsel avoided cross-examining his own civil client in exchange for the prosecution not calling him as a witness. This arrangement, the Court reasoned, manifested a “conclusive and inextricable conflict and detrimental prejudice to the interests of defendant-appellant.” The court emphasized the inherent conflict in the attorney potentially needing to zealously defend the accused while simultaneously representing the father of the victim, whose interests were directly adverse. The Court cited People v. McDonald, 68 NY2d 1, 10, noting the potential unhappiness and removal of the attorney from the good graces of the assaulted individual if the defendant received a light sentence. The court concluded that a new trial was warranted due to this reversible error. The court stated, “Defense counsel documented the evident conflicting duties by stipulating a dubious quid pro quo with the People, so as to dispense with defense counsel’s cross-examining his own civil client at the criminal trial of his other client… These circumstances realistically manifest a conclusive and inextricable conflict and detrimental prejudice to the interests of defendant-appellant.”