[Download] "People State New York v. Frank Burnette" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Frank Burnette
- Author : Supreme Court of New York
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[117 A.D.2d 987 Page 987] Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Defendant and a co-defendant were jointly charged with aiding and abetting each other in the commission of a residential burglary (Penal Law ? 140.25 ; ? 20.00). During a period of approximately three months following their arraignment, both defendants were jointly represented by the same retained counsel. When counsel finally concluded that he could no longer represent both defendants, the court assigned him to represent defendant and assigned separate counsel to represent the co-defendant. The co-defendant's case was severed on motion of his new counsel. At trial, represented by counsel, who formerly represented both, defendant was convicted of burglary in the second degree and petit larceny. Following this conviction, the co-defendant entered a guilty plea. At co-defendant's sentencing, he advised the court that defendant had nothing to do with the burglary, that defendant was only an innocent bystander who had accompanied him to pick up a female acquaintance and was unaware that co-defendant intended to commit a crime. Defendant's counsel thereupon moved to set [117 A.D.2d 987 Page 988]
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