Judge Faulted for Sentencing After Attorney Differs With Client

, New York Law Journal


Among other things, Duart lost probation and received a three- to six-year sentence for the 2010 charge. He appealed his convictions and the revocation of probation.

Duart, 49, was released on parole in September.

In its ruling, the Second Department said Kahn "should have assigned a different attorney to represent the defendant before [she] determined that branch of the defendant's motion."

When making the ruling, the court held the appeals in abeyance pending resolution of the withdrawal motion.

Justices Peter Skelos (See Profile), Cheryl Chambers (See Profile), Sandra Sgroi (See Profile) and Sylvia Hinds-Radix (See Profile) decided the case, which was submitted for decision on April 3, 2013.

Steven Feldman of Feldman & Feldman in Uniondale represented Duart on appeal.

Suffolk County Assistant District Attorney Thomas Constant appeared for the prosecution.

Feldman and a district attorney spokesman did not respond to a request for comment. McElwee also did not respond to a request for comment.

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