United States Second Circuit

Because the record on appeal is insufficiently developed to address the merits of defendant's ineffectiveness claim, the appeal is dismissed in favor of defendant bringing a 28 U.S.C. section 2255 motion.

Appellate Information

• Decided 04/21/2004
• Published 05/04/2004

Judges

• SACK, Circuit Judge., Before:  WINTER, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Lawrence Mark Stern, New York, NY, for Defendant-Appellant., Bret R. Williams, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney, Gary Stein, Assistant United States Attorney, of counsel), New York, NY, for Appellee.