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CLAUDIO v. SCULLY

No. 205, Docket 92-2263.

982 F.2d 798 (1992)

Angel CLAUDIO, Petitioner-Appellant, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 28, 1992.

Attorney(s) appearing for the Case

William E. Hellerstein, New York City (Proskauer Rose Goetz & Mendelsohn, of counsel), for petitioner-appellant.

John M. Castellano, Asst. Dist. Atty., Queens County, Kew Gardens, NY (Richard A. Brown, Dist. Atty., Tammy J. Smiley, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before: OAKES, NEWMAN and PIERCE, Circuit Judges.

OAKES, Circuit Judge:

Angel Claudio appeals from a judgment of the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, denying a petition for a writ of habeas corpus. The district court determined that Claudio's Sixth Amendment right to counsel was not violated by his attorney's failure to raise an ineffective assistance of counsel claim under the New York Constitution during a pre-trial appeal to the New York Court of...

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