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The prosecution’s attempt to remove defense lawyer Steven M. Cohen from the case of a local tow truck company owner accused of bribing Buffalo police officers has failed. U.S. Magistrate Judge Hugh B. Scott has ruled that Cohen does not have a conflict of interest and should be allowed to remain Jim Mazzariello’s lawyer.

Mazzariello and two others were indicted last year as part of an FBI-led investigation into an alleged criminal scheme involving Buffalo’s towing business.

Prosecutors said Cohen should be removed from the case because he represented more than one defendant in the case, as well as other uncharged co-conspirators.