Two Defendants Represented by the Same Attorney in New York
In People v. Gomberg, 38 N.Y.2d 307, 342 N.E.2d 550, 379 N.Y.S.2d 769 (1975), the Court goes on to lay out the procedure for what must be done when two defendants are represented by the same attorney. 38 N.Y.2d at 314.
The Trial Court must ascertain, on the record, whether or not each defendant is aware of the potential risks involved in being represented by the same attorney, and has knowingly approved of it. Id.
A preliminary inquiry of this kind occurs before the formal commencement of trial. Id.
The Court in Gomberg asserted that it is appropriate for a trial court to place significant weight upon a counsel's representation that there is no conflict in joint representation. Id.
The Court may rely on counsel's assurances that he completely discussed the potential for conflict with his client and received their approval. Id.