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AEID v. BENNETT

Docket No. 02-2089.

296 F.3d 58 (2002)

Suliman D. AEID, Petitioner-Appellee, v. Floyd G. BENNETT, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2002.

Attorney(s) appearing for the Case

Eric A. Johnson (Peter H. Schiff, Senior Counsel, on the brief; Eliot Spitzer, Attorney General of the State of New York, of counsel; Daniel Smirlock, Deputy Solicitor General, of counsel), Office of the Attorney General of the State of New York, Albany, NY, for Petitioner-Appellee.

Lisa A. Peebles, Assistant Federal Public Defender (Alexander Bunin, Federal Public Defender, of counsel), Syracuse, NY, for Respondent-Appellant.

Before WALKER, Chief Judge, MINER and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

The prosecution timely appeals from a judgment entered on January 3, 2002, granting Aeid's application for a writ of habeas corpus based on Aeid's claim of ineffective assistance of counsel during plea bargaining.1

Before the District Court, Aeid claimed that he received ineffective assistance of counsel by virtue of his assigned counsel's failure accurately to inform Aeid of his sentencing...

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