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EISEMANN v. HERBERT

Nos. 99-CV-2826 (JBW), 03-MISC-0066 (JBW).

274 F.Supp.2d 283 (2003)

Robert EISEMANN, Petitioner, v. Victor HERBERT, Superintendent, Collins Correctional Facility, Respondent.

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

July 31, 2003.

Attorney(s) appearing for the Case

Robert Eisenmann, Helmut, NY, Pro se.

William D. Wexler, North Babylon, NY, for Petitioner.

Edward Miller, Mineola, NY, for Respondent.

MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

The petition for a writ of habeas corpus is granted. Defense counsel's representation and conflicts so tainted this conviction as to require its being characterized as a nullity. That defense counsel's associate, who conducted most of the actual trial, did a decent job does not mitigate the serious constitutional violations.

A hearing was held in this matter. Petitioner's counsel...

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