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GREINER v. WELLS

Docket No. 04-2809-PR.

417 F.3d 305 (2005)

Charles C. GREINER, Respondent-Appellant, v. Ronald WELLS, Petitioner-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2005.

Attorney(s) appearing for the Case

Phyllis Mintz, Assistant District Attorney (Charles J. Hynes, District Attorney for Kings County, New York, on the brief, Leonard Joblove, Assistant District Attorney, of counsel), Brooklyn, New York, for Respondent-Appellant.

Richard Ware Levitt, New York, New York, for Petitioner-Appellee.

Before: WINTER, SOTOMAYOR, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

This case concerns the proper evaluation of defense counsel's performance under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We hold that trial counsel's inability to recall why he abandoned a possible defense strategy—when queried seven years and seven hundred cases after petitioner's trial—does not establish a Sixth Amendment violation where a justification...

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