Appellate Division: Second Judicial Department

M95827

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2008-10319 The People, etc., respondent, v Eduardo Aguayo, appellant. (Ind. No. 1357/07)

DECISION & ORDER ON MOTION

Motion by the respondent to disqualify appellant's counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered October 23, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 10, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that on or before January 11, 2010, the appellant shall file with the Clerk of this court a duly notarized affidavit setting forth the following information:

That he has retained Stephen Mahler to represent him on appeal; that his co-defendant, Saleem Latif, has retained Mr. Mahler to represent him in the Supreme Court; that the appellant has discussed with Mr. Mahler the possibility that a conflict of interest could arise in connection with his joint representation; that the appellant is satisfied at this point that no conflict exists; that if a conflict arises the appellant would have the right to retain separate counsel; and that he understands that Mr. Mahler continues to represent him and Mr. Latif and his appeal is determined based on that joint representation, he could waive any claim that the dual representation constituted a conflict of interest.

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court