HENRY v. POOLE

Docket No. 03-2884.

409 F.3d 48 (2005)

Dwayne HENRY, Petitioner-Appellant, v. Thomas POOLE, Superintendent Five Points Correctional Facility and Eliot L. Spitzer, Attorney General of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2005.


Attorney(s) appearing for the Case

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.

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.

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


Judge SACK concurs, in a separate opinion.

KEARSE, Circuit Judge.

Petitioner Dwayne Henry, a New York State ("State") prisoner convicted of robbery, appeals from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he received ineffective assistance of counsel when his trial attorney elicited and...

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