United States Second Circuit

A trial counsel's inability to recall why he abandoned a possible defense strategy does not establish a Sixth Amendment violation where a justification appears on the record.

Appellate Information

• Decided 08/08/2005
• Published 08/08/2005

Judges

• WESLEY, Circuit Judge., Before:  WINTER, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Phyllis Mintz, Assistant District Attorney (Charles J. Hynes, District Attorney for Kings County, New York, on the brief, Leonard Joblove, Assistant District Attorney, of counsel), Brooklyn, New York, for Respondent-Appellant., Richard Ware Levitt, New York, New York, for Petitioner-Appellee.