Gueits v. Kirkpatrick

JOHN M. WALKER, JR., Circuit Judge:

Respondent Robert Kirkpatrick, Superintendent of New York State’s Wende Correctional Facility, appeals from the judgment of the United States District Court for the Eastern District of New York (Brian M. Cogan, Judge) granting Johnny Gueits’s petition for a writ of habeas corpus. Exercising de novo review, we hold that Gueits failed to demonstrate that the New York Supreme Court, Appellate Division, was unreasonable in its application of the ineffective assistance of counsel standard set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052,…