United States Second Circuit

A claim of ineffective assistance of counsel was properly rejected where appellant failed to allege that the prosecutor would have offered a different plea bargain if defense counsel had pointed out the effect of a new state sentencing statute, and that appellant would have accepted such a plea.

Appellate Information

• Decided 07/09/2002
• Published 07/09/2002

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before WALKER, Chief Judge, MINER and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Eric A. Johnson (Peter H. Schiff, Senior Counsel, on the brief;  Eliot Spitzer, Attorney General of the State of New York, of counsel;  Daniel Smirlock, Deputy Solicitor General, of counsel), Office of the Attorney General of the State of New York, Albany, NY, for Petitioner-Appellee., Lisa A. Peebles, Assistant Federal Public Defender (Alexander Bunin, Federal Public Defender, of counsel), Syracuse, NY, for Respondent-Appellant.