Angel Claudio v. Charles Scully, Superintendent, Greenhaven Correctional Facility

OAKES, Circuit Judge:

Angel Claudio appeals from a judgment of the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, denying a petition for a writ of habeas corpus. The district court determined that Claudio’s Sixth Amendment right to counsel was not violated by his attorney’s failure to raise an ineffective assistance of counsel claim under the New York Constitution during a pre-trial appeal to the New York Court of Appeals. For the reasons set forth below, we reverse, with directions. There was a reasonable probability that the neglected claim would…