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HERNANDEZ v. GREINER

Docket No. 04-1517-PR.

414 F.3d 266 (2005)

Jose HERNANDEZ, Petitioner-Appellant, v. Charles GREINER, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 1, 2005.

Attorney(s) appearing for the Case

Patrick J. Walsh, New York, N.Y. (Moses Silverman, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, N.Y., on the brief), for Petitioner-Appellant.

Donna Aldea, Asst. District Atty., Kew Gardens, N.Y. (Richard A. Brown, District Atty., John M. Castellano, Asst. District Atty., Kew Gardens, N.Y., on the brief), for Respondent-Appellee.

Before: NEWMAN, LEVAL, and CABRANES, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal of the denial of a writ of habeas corpus endeavors to present the issue of whether the Sixth Amendment/due process right to counsel applies to a discretionary appeal from an intermediate state appellate court to a state's highest court after a state court has exercised its discretion to grant leave to appeal. Jose Hernandez appeals from the March 1, 2004, judgment of the District Court for the Eastern District of New York...

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