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People v. Crump

Document Cited authorities 4 Cited in 286 Precedent Map Related
Decision Date30 April 1981
Citation440 N.Y.S.2d 170,53 N.Y.2d 824,422 N.E.2d 815
Parties, 422 N.E.2d 815 The PEOPLE of the State of New York, Respondent, v. Wenfred CRUMP, Appellant.
CourtNew York Court of Appeals Court of Appeals

Page 170

440 N.Y.S.2d 170

53 N.Y.2d 824, 422 N.E.2d 815

The PEOPLE of the State of New York, Respondent, v.Wenfred CRUMP, Appellant.

Court of Appeals of New York.

April 30, 1981.

Joseph A. Shifflett, Rose H. Sconiers and Joseph B. Mistrett, Buffalo, for appellant.

Edward C. Cosgrove, Dist. Atty. (John J. De Franks, Asst. Dist. Atty., of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 74 A.D.2d 719, 425 N.Y.S.2d 681 should be reversed and a new trial ordered.

The trial court in this case made no inquiry on the record to ascertain whether the defendant was aware of the potential risks inherent in defense counsel's joint representation of defendant and James Barclay, a codefendant.This failure to inquire is reversible error if there is a "significant possibility" of conflict of interest between defendant and Barclay.(See, e. g., People v. Macerola, 47 N.Y.2d 257, 264, 417 N.Y.S.2d 908, 391 N.E.2d 990;People v. Baffi, 49 N.Y.2d 820, 822, 427 N.Y.S.2d 615, 404 N.E.2d 737.)Here, defendant and Barclay were both alleged to have had possession of certain proceeds of a crime.Had they been represented by separate counsel, each might have attempted to show that the fruits of the crime were in the sole possession of the other.Hence, a "significant possibility" of conflict of interest is apparent in the record and the trial court's failure to inquire into defendant's awareness of the risks inherent in joint representation must result in a reversal of defendant's conviction.

We note also that inasmuch as both the trial court's failure to make any inquiry and the conflict of interest between defendant...

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176 cases
  • State v. Bell
    • United States
    • New Jersey Supreme Court
    • July 1, 1982
    ...v. Jeffrey, 163 Mont. 92, 515 P.2d 364 (1973); Patterson v. State, 81 N.M. 210, 465 P.2d 93 (Ct.App.1970); People v. Crump, 53 N.Y.2d 824, 422 N.E.2d 815, 440 N.Y.S.2d 170 (1981); State v. Oliver, 23 Ohio App.2d 210, 262 N.E.2d 424, 52 Ohio Op.2d 308 (1970); Jones v. State, Okl.Cr., 527 P.2......
  • People v. Mehmood
    • United States
    • New York Supreme Court — Appellate Division
    • December 18, 2013
    ...the matter appearing on the record that the defendant was deprived of the effective assistance of counsel ( see People v. Crump, 53 N.Y.2d 824, 440 N.Y.S.2d 170, 422 N.E.2d 815; People v. Brown, 45 N.Y.2d 852, 410 N.Y.S.2d 287, 382 N.E.2d 1149). The right to effective assistance of counsel ......
  • People v. Anderson
    • United States
    • New York Supreme Court — Appellate Division
    • April 17, 2012
    ...the matter appearing on the record that the defendant was deprived of the effective assistance of counsel ( cf. People v. Crump, 53 N.Y.2d 824, 440 N.Y.S.2d 170, 422 N.E.2d 815; People v. Brown, 45 N.Y.2d 852, 410 N.Y.S.2d 287, 382 N.E.2d 1149). Since the defendant's claim of ineffective as......
  • People v. Barber
    • United States
    • New York Supreme Court — Appellate Division
    • November 25, 2015
    ...matter appearing on the record that the defendant was deprived of the effective assistance of counsel (cf. People v. Crump, 53 N.Y.2d 824, 825, 440 N.Y.S.2d 170, 422 N.E.2d 815 ). Since the defendant's claim of ineffective assistance cannot be resolved without reference to matter outside th......
    • Request a trial to view additional results

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