Judge Robinson
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=114270
A COUNTY Court sentenced petitioner to 23 years to life in prison after convicting him of first-degree criminal possession of a controlled substance. He was sentenced to eight and one-third to 25 years in prison after conviction for third-degree possession. He was also fined $100 for possessing marijuana. Adopting recommendations from a magistrate judge’s reports of Sept. 21, 2004, July 19, 2007, and May 30, 2008, the court denied petitioner 28 USC §2254 habeas corpus relief. His claims of trial counsel’s and appellate counsel’s ineffectiveness were deemed repetitive of his original arguments. Also, the magistrate did not clearly err in recommending denial of habeas relief on the ineffective assistance claims under the “unreasonable application” standard of clearly established federal law contained within 28 USC §2254(d)(1) rather than under §2254(d)(1)’s “contrary to” standard.
