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People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 1993
199 A.D.2d 182 (N.Y. App. Div. 1993)

Opinion

December 21, 1993

Appeal from the Supreme Court, New York County (Ira F. Beal, J.).


On this record, it is apparent that defense counsel was faced with the ethical dilemma which arises when counsel learns during trial that his client intends to commit perjury. It is also apparent that counsel's actions in discharging his ethical responsibilities (Code of Professional Responsibility DR 7-102 [A] [4] [ 22 NYCRR 1200.33 (a) (4)]) did not deny his client the effective assistance of counsel.

The trial court's Sandoval ruling, if error, was harmless, given the overwhelming evidence of guilt (People v Crimmins, 36 N.Y.2d 230).

Concur — Sullivan, J.P., Asch, Rubin and Nardelli, JJ.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 1993
199 A.D.2d 182 (N.Y. App. Div. 1993)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILSON DIAZ, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 21, 1993

Citations

199 A.D.2d 182 (N.Y. App. Div. 1993)
605 N.Y.S.2d 276

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