People v. Wynn
Opinion of the Court
Judgment, Supreme Court, New York County (Charles H. Solomon, J., at Gomberg inquiry; Bonnie G. Wittner, J, at hearings, jury trial and sentence), rendered March 24, 2005, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant was not deprived of his right to conflict-free counsel. Defendant chose to retain an attorney who was the brother of a former prosecutor who had handled the initial stages of this case and who had taken a videotaped statement from defendant. Defendant made a valid waiver of any potential conflict arising from this situation when, at several court appearances and during a thorough inquiry pursuant to People v Gomberg (38 NY2d 307 [1975]), the court warned him of the possible disadvantages of this arrangement. Moreover, defendant also consulted with a second, conflict-free attorney regarding the decision to remain with the potentially conflicted attorney, and it was the second attorney who cross-examined the lead attorney’s brother at both the suppression hearing and trial. There is no merit to defendant’s suggestion on appeal that, despite all these precautions, there was an unwaivable conflict (see United States v Perez, 325 F3d 115, 125-129 [2d Cir 2003]).
The court properly exercised its discretion when it precluded defendant from introducing a document reflecting a prior incon
The record does not establish that defendant’s sentence was based on any improper criteria, and we perceive no basis for reducing the sentence or remanding for resentencing. Concur— Mazzarelli, J.P, Andrias, Friedman, Nardelli and Moskowitz, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.