United States Second Circuit

Denial of plaintiff's petition for a writ of habeas corpus is reversed where he received ineffective assistance of counsel when his trial attorney elicited and emphasized an alibi that was clearly given for the wrong day.

Appellate Information

• Decided 05/24/2005
• Published 05/24/2005

Judges

• Before:  OAKES, KEARSE, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Reed Smith, New York, New York (Lawrence T. Hausman, The Legal Aid Society, Criminal Appeals Bureau, New York, New York, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Donna Aldea, Assistant District Attorney, Kew Gardens, New York (Richard A. Brown, District Attorney for Queens County, John M. Castellano, Assistant District Attorney, Kew Gardens, New York, on the brief), for Respondents-Appellees.