People v Wright

In 2008, defendant was charged with attempted rape and was represented by his first attorney. Defendant retained his second attorney, Long, in 2009. Long represented defendant throughout a significant portion of the pre- and post-indictment proceedings, including plea negotiations and a Huntley hearing. In September 2009, defendant fired Long and retained a third attorney, who represented him for the remainder of the prosecution. Defendant was convicted and subsequently made successive CPL 440.10 motions to vacate the conviction based on newly discovered evidence relating to the credibility of witnesses. The Appellate Division affirmed the conviction and the denial of both CPL 440 motions. In 2014, defendant moved to vacate his conviction pursuant to CPL 440.10, asserting that attorney Long had simultaneously represented the Albany County District Attorney Soares, that evidence of the conflict was newly discovered, that his conviction was obtained in violation of his right to counsel, that the conviction was based on misrepresentation or fraud by the prosecutor, and that Long had provided ineffective assistance. Four months before defendant retained Long, Long had written a letter in connection with Soares' reelection campaign, asking the Board of Elections asking to examine the machine ballots. In 2011-2012, Long was counsel of record for Soares in a disciplinary proceeding and in Soares' divorce. County Court denied the motion without a hearing. The Appellate Division and New York Court of Appeals affirmed, determining that there was no support for the assertion that there was an actual conflict and that defendant failed to show that any potential conflict had operated on the defense. View "People v Wright" on Justia Law