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U.S. v. MALPIEDI

No. 1507, Docket 94-1632.

62 F.3d 465 (1995)

UNITED STATES of America, Appellee, v. Michael MALPIEDI, Joseph Labianca, Robert Goldfine, Lucille Malpiedi Goldfine, and Linda Citrynell, Defendants, Stephen Delli Bovi, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 9, 1995.

Attorney(s) appearing for the Case

Alan S. Futerfas, New York City (Ellen B. Resnick, of counsel), for defendant-appellant.

Stanley J. Okula, Jr., Asst. U.S. Atty. for the E.D.N.Y. (Zachary W. Carter, U.S. Atty., James Orenstein, Asst. U.S. Atty. for E.D.N.Y., of counsel), for appellee.

Before: WINTER, MAHONEY and JACOBS, Circuit Judges.

WINTER, Circuit Judge:

Stephen Delli Bovi appeals from his convictions by a jury before Judge Raggi for fraud and obstruction of justice. He argues that his trial counsel rendered constitutionally ineffective assistance due to a conflict of interest arising from counsel's previous representation of an important government witness. We vacate the judgment of conviction and remand for further proceedings.

BACKGROUND

Delli Bovi was convicted of two counts...

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