New York Court of Appeals
The People of the State of New York, Respondent v. Christopher A. Abar, Appellant
February 18, 200399 N.Y.2d 406
Summary
The Court affirmed the Appellate Division’s order upholding Christopher A. Abar’s conviction, holding that his claim of ineffective assistance of counsel based on his attorney’s prior prosecutorial role failed because there was no record showing the conflict operated on his defense. The decision notes that the two‑pronged conflict test requires a showing that the conflict affected representation, which the record does not support, and rejects the dissent’s call for automatic reversal.