CROSS v. PEREZ

No. 11 Civ. 1186 (BMC).

823 F.Supp.2d 142 (2011)

Kyle CROSS, Petitioner, v. Ada PEREZ, Warden of Downstate Correctional Facility, Defendant.

United States District Court, E.D. New York.

October 4, 2011.


Attorney(s) appearing for the Case

Kyle Cross , Fishkill, NY, pro se.

Alyson Joy Gill , New York State Office of the Attorney General, New York, NY, Karen Wigle Weiss , Kew Gardens, NY, for Defendant.


MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Petitioner pro se seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254(d) in connection with his guilty plea to a charge of armed robbery. Petitioner claims that he accepted a plea offer based on his attorney's incorrect advice as to whether a prior New Jersey conviction qualified him as a second violent felony offender under New York law. This case raises issues as to whether...

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