People v. Hemstreet

Decision Date14 January 2002
Citation290 A.D.2d 458,738 N.Y.S.2d 583
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>CHARLES HEMSTREET, Appellant.
CourtNew York Supreme Court — Appellate Division

Ritter, Acting P.J., Feuerstein, S. Miller and McGinity, JJ., concur.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v Barnes, 463 US 745).

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5 cases
  • Hemstreet v. Greiner
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 11, 2004
    ...petition was denied in January 2002 in a brief order that did not include any factual findings. See People v. Hemstreet, 290 A.D.2d 458, 738 N.Y.S.2d 583 (2d Dept.2002). Hemstreet then filed his habeas petition in federal court, relying on the same ineffective assistance of counsel argument......
  • Hemstreet v. Greiner
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 20, 2007
    ...Hemstreet had "failed to establish that he was denied the effective assistance of appellate counsel." People v. Hemstreet, 290 A.D.2d 458, 459, 738 N.Y.S.2d 583 (2d Dep't 2002). Hemstreet then filed the petition for a writ of habeas corpus that underlies this asserting ineffective assistanc......
  • Hemstreet v. Greiner, 02-2747.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 11, 2004
    ...performance with respect to the intimidation of Bucci. The Appellate Division denied his petition. See People v. Hemstreet, 738 N.Y.S.2d 583, 290 A.D.2d 458 (2d Dep't 2002). Hemstreet subsequently filed a habeas petition in federal court premised in relevant part on the same ineffective ass......
  • People v. Collins
    • United States
    • New York Supreme Court — Appellate Division
    • January 14, 2002
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