Opinion
9:15-CV-1183 (DNH/DEP)
03-19-2018
WILLIAM O'DANIEL, Petitioner, v. DANIEL MARTUSCELLO, JR., individually and in his official capacity as the Superintendent of the Coxsackie Correctional Facility, New York State Department of Correctional Services, Respondent.
APPEARANCES: OFFICE OF BRUCE R. BRYAN Attorney for Petitioner 333 East Onondaga Street Suite 600 Syracuse, NY 13202 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent 120 Broadway New York, NY 10271 OF COUNSEL: BRUCE R. BRYAN, ESQ. MATTHEW B. KELLER, ESQ. Ass't Attorney General
APPEARANCES: OFFICE OF BRUCE R. BRYAN
Attorney for Petitioner
333 East Onondaga Street
Suite 600
Syracuse, NY 13202 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, NY 10271 OF COUNSEL: BRUCE R. BRYAN, ESQ. MATTHEW B. KELLER, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Petitioner William O'Daniel brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 4, 2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that the petition be denied but that a certificate of appealability be issued concerning petitioner's Sixth Amendment choice-of-counsel claim. Petitioner and respondent filed timely objections to the Report-Recommendation, and respondent submitted an additional though untimely response to petitioner's objections.
Based upon a de novo review of the portions of the Report-Recommendation to which petitioner and respondent objected, the Report-Recommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED; and
2. A Certificate of Appealability is ISSUED concerning only petitioner's Sixth Amendment choice-of-counsel claim.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 19, 2018
Utica, New York.