Robert Eisemann v. Victor Herbert, Superintendent, Collins Correctional Facility

JON 0. 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 conviction. See Eisemann v. Herbert, 274 F.Supp.2d 283 (E.D.NY.2003). Although the ineffective assistance claim is of arguable…