People v. LynchPeople v. Lynch
In September 2010, defendant and codefendant Edy R. Toussaint were each indicted on charges of rape in the first degree and various other crimes arising from an incident with a fellow student at SUNY Delhi in September 2009. Defendant retained John Pappalardo Jr. to represent him and Toussaint retained Richard Portale for his defense. Toussaint ultimately reached a plea agreement with the People wherein he agreed to testify against defendant in exchange for a favorable plea and sentence. Shortly thereafter, as the trial was about to commence, defendant pleaded guilty to one count of sexual abuse in the first degree, as a lesser included count of rape in the first degree, in full satisfaction of the indictment with a promised sentence of, among other things, three years in prison followed by three years of postrelease supervision.
Prior to sentencing, defendant retained new counsel and moved to withdraw his plea on the ground that he was deprived of the effective assistance of counsel because Portale was “of counsel” to Pappalardo‘s law firm and defendant was never informed of the possible conflict of interest. Following a hearing, County Court denied defendant‘s motion and sentenced him to the agreed-upon sentence. After sentencing, defendant moved pursuant to
When a single attorney or multiple attorneys associated with the same firm simultaneously represent clients in a criminal matter, “if the clients’ interests actually conflict, and if the de-
Reversal is required if the interests of defendant and Toussaint actually conflicted and such conflict had “a substantial relation to the conduct of the defense” (People v Solomon, 20 NY3d at 95 [internal quotation marks and citation omitted]). In that regard, an actual conflict is almost assured where, as here, “law partners represent[ ] two codefendants, one of whom plead[s] guilty and agree[s] to testify against the other” (People v Ortiz, 76 NY2d at 656; see People v Mattison, 67 NY2d 462, 469-470 [1986], cert denied 479 US 984 [1986]). Such a scenario “is virtually certain to place lawyers involved in representing both in an untenable position” (People v Mattison, 67 NY2d at 469-470; see People v Solomon, 20 NY3d at 97). Moreover, “once a conflict is clearly established, the courts will not enter into ‘nice calculations’ as to the amount of prejudice resulting from the conflict” (People v Gomberg, 38 NY2d 307, 312 [1975], quoting Glasser v United States, 315 US 60, 76 [1942]; see People v Harris, 99 NY2d 202, 210 [2002]; People v Ortiz, 76 NY2d at 657; People v Alicea, 61 NY2d 23, 30 n [1983]; People v Macerola, 47 NY2d 257, 265 [1979]).
Here, as their cases proceeded, Pórtale negotiated a favorable plea bargain for Toussaint and counseled him to accept the plea bargain and agree to testify against defendant. Thus, during plea negotiations, Pórtale advocated for a position directly at odds with defendant‘s interest (see People v Mattison, 67 NY2d at 470-471; People v Macerola, 47 NY2d at 262) and, upon accepting the plea, Toussaint became “a principal antagonist whose credibility and testimony [would have] to be undermined”
Defendant‘s appeal from the order denying his motion is rendered academic by our reversal of the judgment.
Peters, P.J., Lahtinen and Spain, JJ., concur. Ordered that the judgment is reversed, on the law, plea vacated, and matter remitted to the County Court of Delaware County for further proceedings not inconsistent with this Court‘s decision. Ordered that the appeal from the order is dismissed, as academic.