United States Second Circuit

Because proceedings, as to which counsel rendered assertedly ineffective assistance, involved a discretionary appeal subsequent to a first appeal as of right, petitioner did not have a constitutional right to counsel, thus the question whether counsel's performance violated minimal constitutional standards is moot.

Appellate Information

• Decided 11/22/2002
• Published 11/22/2002

Judges

• LEVAL, Circuit Judge., Before: MINER, LEVAL, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marsha R. Taubenhaus, New York, NY, for Appellant.


• For Appellees:
  
• Daniel Smirlock, Deputy Solicitor General (Nancy A. Spiegel, Assistant Solicitor General, and Marlene O. Tuczinski, Assistant Solicitor General, on the brief) for Eliot Spitzer, Attorney General of the State of New York, Albany, NY, for Appellee.