People v. Cotton

In People v. Cotton (163 Misc.2d 943, 623 N.Y.S.2d 70), criminal proceedings were commenced in 1992, with the case being dismissed after presentation to the Grand Jury. The Court found that there was an actual termination of representation by the original attorney and there was an intervening criminal charge against the defendant in the same city. More importantly, the Court noted that defense counsel had expressed to the District Attorney's Office that he no longer represented the defendant. In finding that the foregoing were indicative of the attorney-client relationship having ended, the Court also noted that the investigation in the latter case was not on-going.