Calaff v. Capra

OPINION

Sweet, D.J.

Petitioner Ivan Calaff (“Petitioner” or “Calaff”) has petitioned for a writ of habe-*248as corpus pursuant to 28 U.S.C. § 2254, alleging that the New York criminal procedure requiring indigent defendants to apply for appellate counsel violated his constitutional right to counsel. For the reasons set forth below, the petition is denied.

The Petitioner seeks habeas relief based on his loss of his constitutional right to appointed counsel and consequent loss of his right to appeal a 1993 conviction. The State seeks denial of the writ because the Petitioner is not in custody under…