Jose Hernandez v. Charles Greiner

JON O. NEWMAN, Circuit Judge.

This appeal of the denial of a writ of habeas corpus endeavors to present the issue of whether the Sixth Amendment/due process right to counsel applies to a discretionary appeal from an intermediate state appellate court to a state’s highest court after a state court has exercised its discretion to grant leave to appeal. Jose Hernandez appeals from the March 1, 2004, judgment of the District Court for the Eastern District of New York (Frederic Block, District Judge) denying his habeas corpus petition to challenge his New York state court conviction for armed…