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PEOPLE v. SCHIRALDI

93 Misc.2d 343 (1977)

The People of the State of New York, Plaintiff, v. Nicholas Schiraldi, Defendant.

Criminal Court of the City of New York, Queens County.

December 5, 1977

Attorney(s) appearing for the Case

Martin Erdmann and Lawrence Halfond for defendant. John J. Santucci, District Attorney (Ingrid K. Hansen of counsel), for plaintiff.

M. MARVIN BERGER, J.

This case brings up a fairly common problem, which, however, appears never before to have been the subject of a reported opinion in this State.

The question is whether there is a conflict of interest where the same District Attorney's office prosecutes two cross complaints for assault arising out of a single incident.

Specifically, in the instant case Nicholas Schiraldi was charged with assaulting Norman Seaman on...

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