United States Second Circuit

A habeas petitioner's trial counsel did not provide ineffective assistance in failing to object to an amendment of an indictment, because the prosecution's theories of fraud did not contradict the indictment or the bill of particulars.

Appellate Information

• Decided 12/05/2002
• Published 12/06/2002

Judges

• JOHN M. WALKER, JR., Chief Judge., Before: WALKER, Chief Judge, NEWMAN and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• J. Jeffrey Weisenfeld, New York, N.Y., for Petitioner-Appellee., Kristin L. Vassallo, Assistant District Attorney, (Robert T. Johnson, District Attorney, Bronx County, Joseph Ferdenzi, Stanley R. Kaplan, Assistant District Attorneys, on the brief), Bronx, N.Y., for Respondent-Appellant.