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JENKINS v. GREENE

Docket No. 09-3623-pr.

630 F.3d 298 (2010)

Taiwu JENKINS, Petitioner-Appellant, v. Gary GREENE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2010.

Attorney(s) appearing for the Case

Malvina Nathanson , New York, NY, for Petitioner-Appellant.

Ashlyn Dannelly ( Barbara D. Underwood , Solicitor General; Roseann B. MacKechnie , Deputy Solicitor General for Criminal Matters, on the brief), for Andrew M. Cuomo , Attorney General of the State of New York, New York, NY, for Respondent-Appellee.

Judge PARKER dissents in a separate opinion.

GERARD E. LYNCH, Circuit Judge:

Petitioner-appellant Taiwu Jenkins was sentenced in 2000 to two consecutive twenty-five year prison terms after a jury convicted him of two counts of assault in the first degree for slashing two victims' faces with a razor blade. In 2005, Jenkins filed a pro se motion in state court, seeking to vacate his judgment of conviction on the ground that his trial attorney had not accurately informed him of his sentence exposure, and that,...

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