GRADY v. ARTUZ

No. 94 Civ. 7362 (JGK).

931 F.Supp. 1048 (1996)

Nathaniel T. GRADY, Sr., Petitioner, v. Christopher P. ARTUZ, Superintendent, Green Haven Correctional Facility, Respondent.

United States District Court, S.D. New York.

June 24, 1996.


Attorney(s) appearing for the Case

Joel B. Rudin, New York City, for Petitioner.

Robert T. Johnson, District Attorney, Bronx County by Susan L. Valle, Assistant District Attorney, New York City, for Respondent.


OPINION AND ORDER

KOELTL, District Judge:

Reverend Nathaniel T. Grady petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 based on an alleged violation of his Sixth Amendment right to the effective assistance of appellate counsel. The petitioner argues that his counsel's failure to raise on direct appeal the claim that the indictment was duplicitous constituted unconstitutionally ineffective assistance of counsel. A count of an...

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