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U.S. v. AIELLO

No. 525, Docket 86-2236.

814 F.2d 109 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Andrea AIELLO a/k/a Antonio Aiello, Francesca Bartolotta and Lorenzo Scaduto, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 18, 1987.

Attorney(s) appearing for the Case

William E. Lore, Forest Hills, N.Y., for defendant-appellant Andrea Aiello.

Martin Ozer, New York City, for defendant-appellant Francesca Bartolotta.

Michael Ricci, Whitestone, N.Y., for defendant-appellant Lorenzo Scaduto.

Julie Copeland, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., David V. Kirby, Emily Berger, Asst. U.S. Attys., E.D.N.Y., of counsel), for plaintiff-appellee United States of America.

Before OAKES, CARDAMONE and DAVIS, Circuit Judges.

CARDAMONE, Circuit Judge:

Loyalty of a lawyer to his client's cause is the sine qua non of the Sixth Amendment's guarantee that an accused is entitled to effective assistance of counsel. Because defense counsel are best positioned to know when a conflict exists or will likely develop during the course of trial, the initial responsibility for preventing the erosion of a client's rights rests on the lawyer's shoulders. This appeal raises questions concerning...

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