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PALACIOS v. BURGE

Docket No. 07-0470-pr.

589 F.3d 556 (2009)

David PALACIOS, Petitioner-Appellant, v. John W. BURGE, Superintendent, Auburn Correctional Facility, and Andrew Cuomo, New York State Attorney General, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 21, 2009.

Attorney(s) appearing for the Case

Lawrence T. Hausman (Steven Banks, on the brief), Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner-Appellant.

Jill A. Gross-Marks (John M. Castellano, on the brief), Assistant District Attorneys, for Richard A. Brown, District Attorney, Queens County, Kew Gardens, NY, for Respondents-Appellees.

Before: WALKER and SACK, Circuit Judges, and KOELTL, District Judge.

JOHN M. WALKER, JR., Circuit Judge:

Petitioner-Appellant David Palacios appeals from the judgment of the United States District Court for the Eastern District of New York (Frederic Block, Judge) denying his petition for habeas corpus pursuant to 28 U.S.C. § 2254. Palacios claims that he is entitled to a writ of habeas corpus because the state courts unreasonably applied clearly established Supreme Court law in rejecting his claim that counsel rendered...

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