United States of America, Ex Rel. Martin Stewart, on Behalf of Jose Tineo v. Honorable Walter Kelly, Superintendent of Attica Correctional Facility

MESKILL, Circuit Judge:

This appeal is brought by respondent-appellant Kelly, superintendent of Attica prison, from an order of the United States District Court for the Southern District of New York, Stanton, J., granting a petition for a writ of habeas corpus brought by petitioner-appellee Tineo pursuant to 28 U.S.C. § 2254 (1982). Appellant contends that Tineo’s Sixth Amendment right to counsel was not denied by the trial court when it refused to allow Tineo to be represented by the attorney he chose, Kenneth Linn, because of a conflict of interest between Tineo and a prosecution witness who…