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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46417 Judge Cote PETITIONER, CONVICTED on various fraud charges and sentenced principally to 120 months in prison, filed a petition for a writ of habeas corpus, contended that he received ineffective assistance of counsel at trial and in connection with his sentence. Petitioner claimed that his counsel failed to procure defense witnesses prior to trial and that the court erred in not granting his request on the eve of trial, made because of counsel’s failure to obtain witnesses, for a delay in the trial to permit him to replace counsel with retained counsel. The court denied the petition, finding that petitioner failed to describe a witness as someone with personal knowledge of the transactions at issue at trial or claim that he told counsel prior to trial that the witness had such personal knowledge. The court added that the untimely application to substitute counsel was not made in good faith, but was instead made for the purposes of delay.

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