United States Second Circuit

Denial of defendant's petition for a writ of habeas corpus based on a claim of ineffective assistance of counsel is vacated and remanded for fact finding to determine whether defendant's counsel had conferred with defendant regarding a possible appeal.

Appellate Information

• Decided 12/07/2005
• Published 12/07/2005

Judges

• WESLEY, Circuit Judge., Before:  SOTOMAYOR, B.D. PARKER, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Norman Trabulus, Garden City, New York, for Petitioner-Appellant.


• For Appellees:
  
• Elaine D. Banar, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief, and Peter A. Norling, Assistant United States Attorney, of counsel), Brooklyn, New York, for Respondent-Appellee.