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SALOMON v. LaVALLEE

Nos. 76 Civ. 1640, 76 Civ. 4401 (GLG).

465 F.Supp. 148 (1979)

Mariano SALOMON, Petitioner, v. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Respondent. UNITED STATES of America ex rel. Victor COLON, Petitioner, v. Walter FOGG, Superintendent, Green Haven Correctional Facility, Respondent.

United States District Court, S. D. New York.

February 16, 1979.

Attorney(s) appearing for the Case

The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner Colon; by David J. Gottlieb, New York City, of counsel.

Hartman & Lerner, New York City, for petitioner Salomon; by Paul S. Brenner, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondents; by Charles A. Bradley, Rosalind S. Fink, Asst. Attys. Gen., Donald Sticklor, Deputy Asst. Atty. Gen., New York City, of counsel.

OPINION

GOETTEL, District Judge:

In these habeas corpus proceedings, Mariano Salomon and Victor Colon challenge their state court convictions for possession and sale of one pound of cocaine. They allege that a conflict of interest rendered their joint representation by one attorney a violation of the Sixth Amendment right to effective assistance of counsel. A brief review of the state trial and of the proceedings on these habeas corpus petitions is in order...

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