Assadourian v. Brown, No. 1:2008cv04732 - Document 17 (S.D.N.Y. 2009)
Court Description: OPINION: For the reasons set forth above, a hearing will be held at the convenience of counsel to determine whether the People would have offered a lower sentence during plea negotiations had Petitioner's correct felony status been known. It is so ordered. (Signed by Judge Robert W. Sweet on 7/8/2009) (tve)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEPH ASSADOURIAN, Petitioner, 08 Civ. 4732 OPINION WILLIAM D. BROWN, Superintendent, Respondent. A P P E A R A N C E S : Attorneys for Petitioner DAVID L. LEWIS, ESQ. 225 Broadway, Suite 3300 New York, NY 10007 Attorneys for Respondent ANDREW M. CUOMO Attorney General of the State of New York 120 Broadway New York, NY 10271 By: Lisa Fleischrnann, Esq. Alyson J. Gill, Esq. Sweet, D.J. Petitioner Joseph Assadourian ("Assadourian" or the "Petitioner") has petitioned for a writ of habeas corpus under 28 U.S.C. 5 2254 asserting a violation of his federal constitutional rights arising out of the ineffective assistance of counsel. Respondent William D. Brown, Superintendent of the Eastern New York Correctional Facility (the "People"), has opposed the petition. Upon the facts and conclusions set forth below, a further hearing is required. I . PRIOR PROCEEDINGS By New York County Indictment Number 3213/01, filed on June 11, 2001, Petitioner was charged as a second felony offender with three counts of Assault in the First Degree (intentional, depraved indifference, and felonyassault), two counts of Attempted Robbery in the First Degree (in violation of Penal Law 55 110/160.159(2), (4)), and one count of Criminal eossession of a Weapon in the Second Degree (in violation of Penal Law 5 265.03(2)) which carried a minimum sentence of 10 years. Petitioner's status as a second felony offender was based on a prior New
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