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PORTALATIN v. GRAHAM

Docket Nos. 07-1599-pr, 06-3550-pr, 07-3588-pr.

624 F.3d 69 (2010)

Carlos PORTALATIN, Petitioner-Appellee, v. Harold GRAHAM, Superintendent, Auburn Correctional Facility, Respondent-Appellant. William Phillips, Petitioner-Appellant, v. Dale Artus, Superintendent, Clinton Correctional Facility, Andrew M. Cuomo, New York State Attorney General, Respondents-Appellees. Vance Morris, Petitioner-Appellant, v. Dale Artus, Superintendent, Clinton Correctional Facility, Andrew M. Cuomo, New York State Attorney General, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 18, 2010.

Attorney(s) appearing for the Case

Leonard Joblove , Ann Bordley , Assistant District Attorneys, of counsel, Kings County, Brooklyn, NY, for Respondent-Appellant Harold Graham.

Andrew C. Fine , The Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner-Appellant Vance Morris.

Martin M. Lucente ( Andrew C. Fine , on the brief), The Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner-Appellant William Phillips.

Barbara D. Underwood ( Andrew M. Cuomo , Attorney General of the State of New York, Roseann B. MacKechnie , Deputy Solicitor General for Criminal Matters, Alyson J. Gill, Assistant Attorney General, of Counsel, on the brief), Solicitor General, for Respondent-Appellees Andrew M. Cuomo and Dale Artus

Joshua Michael Levine ( Lynn W.L. Fahey , on the brief), Appellate Advocates, New York, NY, for Petitioner-Appellee Carlos Portalatin.

WINTER, J., filed a dissenting opinion in which POOLER and SACK, JJ., joined.

WESLEY, Circuit Judge:

Petitioners Carlos Portalatin, William Phillips, and Vance Morris were separately convicted in state court and received sentences pursuant to New York's persistent felony offender statute, N.Y. Penal Law § 70.10. Each petitioned for a writ of habeas corpus on the ground that the New York courts engaged in an unreasonable application of clearly established federal law in affirming their sentences. Specifically, they argue that the Sixth...

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