New York Court of Appeals
The People of the State of New York, Respondent v. Michael DePallo, Appellant
July 2, 200196 N.Y.2d 437
Summary
The New York Court of Appeals affirmed the conviction, holding that defense counsel's ex parte disclosure of the defendant's intended perjurious testimony did not constitute ineffective assistance of counsel and that the defendant had no right to be present at that procedural conference. The court also rejected the argument that counsel should have withdrawn, finding the attorney's actions proper under ethical rules.