[DOWNLOAD] "Colon v. Fogg" by Second Circuit United States Court Of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Colon v. Fogg
• Author : Second Circuit United States Court Of Appeals
• Release Date : January 01, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Victor Colon appeals from a judgment of the United States District Court for the Southern District of New York entered on February 23, 1979, after an evidentiary hearing before Gerard L. Goettel, Judge, dismissing Colon's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Appellant's sole claim on appeal is that he was denied effective assistance of counsel at his state trial because he and his co-defendant were jointly represented by the same counsel. We agree and reverse. Colon and his co-defendant, Mariano Salomon, were convicted in June, 1974, in New York state court after a jury trial for possession and sale of cocaine. The evidence at trial consisted primarily of the testimony of an undercover police officer. The officer had arranged for the purchase of the cocaine in a series of telephone calls to appellant Colon, some of which were recorded and the tapes admitted into evidence at trial. Colon and the officer then met in a Bronx hardware store and waited for the arrival of Salomon, who eventually appeared carrying a bag containing cocaine. Salomon set the bag down and announced ""I have nothing to do with this deal."" The officer checked the powder to be sure it was cocaine and weighed it in the hardware store. Then the officer suggested that Colon accompany him to his car to get the money, which Colon did. Colon was arrested after the two men had left the store; Salomon was subsequently arrested in the hardware store.

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