The following excerpt is from Lunz v. Henderson, 533 F.2d 1322 (2nd Cir. 1976):
Therefore, taking all the facts of this case into consideration and evaluating the credible testimony of the witness in this hearing, this court finds that this is not 'one of those rare cases in which the representation of a defendant by his assigned counsel was so inadequate and ineffective as to deprive him of a fair trial.' (People v. Bennett (29 N.Y.2d 462, 280 N.E.2d 637, 329 N.Y.S.2d 801 (1972)))."
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