BROWN v. GREENE

Docket No. 07-5383-pr.

577 F.3d 107 (2009)

Dwayne BROWN, Petitioner-Appellant, v. Jerry GREENE, Superintendent, Great Meadow Correctional Facility, Andrew M. Cuomo, Attorney General of New York State, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 11, 2009.

Amended: August 13, 2009.


Attorney(s) appearing for the Case

Susan Epstein (Steven Banks, on the brief), The Legal Aid Society, New York, NY, for Petitioner-Appellant.

Ashlyn Dannelly, Assistant Attorney General (Barbara D. Underwood, Solicitor General; Roseann B. MacKechnie, Deputy-Solicitor General; Andrew M. Cuomo, Attorney General, on the brief), New York, NY, for Respondents-Appellees.

Judge STRAUB dissents in a separate opinion.


FEINBERG, Circuit Judge:

Petitioner-Appellant Dwayne Brown was convicted of second-degree robbery after a jury trial in 2002 in the New York State Supreme Court. On appeal thereafter to the First Department of the Appellate Division of the New York Supreme Court, Brown argued that his trial counsel was constitutionally ineffective. The jury charge, Brown contended, may have led the jury to convict him under a preponderance of the evidence standard and not, as is constitutionally...

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