The United States of America Ex Rel. Antonio Roche, Relator-Appellant v. Charles J. Scully, Superintendent, Green Haven Correctional Facility

I concur fully in the ruling that the “jurisdiction” issue does not raise a federal constitutional claim. However, I respectfully dissent from the conclusion that a reasonably competent New York attorney would not have pressed the jurisdiction ar*745gument on appeal.1 In my view, the present record is inadequate to support that conclusion, and I would remand in order to supplement the record with appropriate evidentiary materials and to conduct whatever other proceedings seem appropriate.

This case is unusual in that all agree that Roche’s conviction on the possession count, the sole grounds for…