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SMITH v. REGAN

No. 996, Docket 78-2020.

583 F.2d 72 (1978)

"Big Black" a/k/a Frank SMITH, Petitioner-Appellee, v. Paul REGAN, Chairman, New York State Parole Department, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 17, 1978.

Attorney(s) appearing for the Case

John M. Farrar, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Elizabeth M. Fink, New York City (Fink & Meyers, New York City, of counsel), for petitioner-appellee.

Before MANSFIELD, TIMBERS, Circuit Judges, and HOFFMAN, District Judge.

MANSFIELD, Circuit Judge:

The issue on this appeal by the Chairman of the New York State Parole Department from the grant by Judge Weinstein of the Eastern District of New York of a writ of habeas corpus sought by appellee Smith, a state prisoner now on parole, is whether Smith had been unconstitutionally denied the effective assistance of counsel in a state criminal trial by reason of his trial attorney's joint representation of a co-defendant

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