District Judge Joseph Bianco

Haynes petitioned for a writ of habeas corpus challenging his conviction for second-degree attempted burglary. He was sentenced to an indeterminate period of 12 years to life as a persistent violent felony offender. He challenged his conviction on the grounds that New York’s Sentence Enhancement Statute is unconstitutional; he was improperly adjudicated as a persistent violent felony offender; his guilty plea was less than voluntary, knowing and intelligent; and that he was denied effective assistance of counsel. In 2010, the Appellate Division affirmed his conviction, concluding that his valid waiver of his right to appeal precluded him from challenging the legality of the procedure used in sentencing him as a persistent offender. The instant court denied the petition in its entirety, finding that petitioner’s two separate claims related to New York’s persistent violent felony offender statute are procedurally barred from review since the Appellate Division had already found that Haynes validly waived his right to appeal such challenges. The court concluded that no certificate of appealability shall issue since Haynes has failed to make a substantial showing of a denial of a constitutional right.