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EISEMANN v. HERBERT

Docket No. 03-2582.

401 F.3d 102 (2005)

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

United States Court of Appeals, Second Circuit.

Decided: March 11, 2005.

Attorney(s) appearing for the Case

Karen W. Weiss, Asst. District Atty., Mineola, N.Y. (Denis Dillon, Nassau County District Atty., Peter A. Weinstein, Edward Miller, Asst. District Attys., Mineola, N.Y., on the brief), for Respondent-Appellant.

William D. Wexler, North Babylon, N.Y., for Petitioner-Appellee.

Before: NEWMAN, SACK, and B.D. PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns a claim of ineffective assistance of counsel based on an alleged conflict of interest. The claim, arising out of a bizarre factual context, was the basis for the August 5, 2003, judgment of the District Court for the Eastern District of New York (Jack B. Weinstein, District Judge), granting a petition for a writ of habeas corpus brought by Petitioner-Appellee Robert Eisemann to challenge his New York State sodomy...

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