Trial judge got it right by appointing new counsel despite defendant's objection, top NY court says
Reversing an intermediate appeals court that had granted a defendant a new trial because his lawyer was removed against his wishes, New York’s top court on Thursday unanimously ruled that a trial judge acted correctly by insisting that Lawrence Watson have new counsel.
Noting that conflicts can be difficult to analyze at a pretrial stage, the New York Court of Appeals backed Manhattan Supreme Court Judge Richard Carruthers. He was right to find that a potential witness issue concerning attorney Robert Fisher of New York County Defender Services outweighed Watson’s 6th Amendment right to counsel, the top court said.
The problem was a witness, Toi Stephens, who was arrested at the same location as Watson, reports the New York Law Journal (sub. req.). Authorities said Watson had discarded a gun before he was apprehended, and Fisher wanted to examine Stephens to see if the gun might have been his.
Although the Stephens case had concluded before Watson’s trial, Stephens had been represented by a NYCDS lawyer. Hence, the agency’s rules prohibited Fisher from calling Stephens as a witness in another case unless he waived confidentiality, which he had not done.
Removal of Fisher as Watson’s attorney was not required under these circumstances, but the Appellate Division abused its discretion by granting Watson a new trial, the Court of Appeals held.
Represented by his new lawyer, Watson was convicted of two weapons-possession counts and resisting arrest and sentenced to 20 years to life as a persistent violent felony offender, the New York Law Journal notes.
