The following excerpt is from Quinones v. United States, 14-4575-pr (2nd Cir. 2016):
2. The Sixth Amendment guarantees criminal defendants the right to conflict-free representation. Wood v. Georgia, 450 U.S. 261, 271 (1981). We have identified three kinds of attorney-client conflicts: "per se," "actual," and "potential." Ventry v. United States, 539 F.3d 102, 111 (2d Cir. 2008). To prevail on a claim of actual conflict, a defendant must show (1) "that an actual conflict of interest existed," (2) that there was "an actual lapse in representation," and (3) "causation." United States v. Moree, 220 F.3d 65, 69 (2d Cir. 2000) (internal quotation marks and citation omitted).
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