United States Second Circuit

Judgment granting in part petitioner's habeas corpus application is: 1) affirmed in part, as to the district court's denial of petitioner's ineffective assistance claim with respect to a purported per se conflict of interest by counsel; and 2) reversed in part, as to the grant of the habeas corpus application on the ground that petitioner received ineffective assistance with respect to his plea options, where the state court's determination that petitioner was aware of his option to plead guilty to the top count of the indictment in exchange for a sentencing recommendation of seventeen years, without any requirement that he cooperate, is a reasonable one in light of the evidence before it.

Appellate Information

• Decided 09/24/2013
• Published 09/24/2013

Judges

• SACK

Court

• United States Second Circuit

Counsel