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COX v. DONNELLY

Docket No. 03-2440.

387 F.3d 193 (2004)

Rodney COX, Petitioner-Appellee, v. Edward R. DONNELLY, Superintendent, Wende Correctional Facility; and Eliot Spitzer, New York State Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 22, 2004.

Attorney(s) appearing for the Case

Sharon Y. Brodt, Assistant District Attorney, Kew Gardens, N.Y. (Richard A. Brown, District Attorney, Queens County, and John M. Castellano, Assistant District Attorney, of counsel), for Respondents-Appellants.

Richard Joselson, New York, N.Y. (The Legal Aid Society, Criminal Appeals Bureau, of counsel), for Petitioner-Appellee.

Before OAKES, KEARSE and CABRANES, Circuit Judges.

OAKES, Circuit Judge:

Rodney Cox seeks habeas relief on the grounds that he received ineffective assistance of counsel, leading to his conviction and incarceration for second-degree murder. Cox argues that counsel's failure to object to an erroneous jury instruction on intent prejudiced the outcome of his trial. The United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, granted Cox's habeas petition, finding that Cox's...

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