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Brasington v. Sticht

Habeas Relief Denied; Right to Appeal Voluntarily Waived, Appeal's Filing Not Shown Sought

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DECISION AND ORDERI. INTRODUCTION

*1 Petitioner Charles A. Brasington filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254, contending that trial counsel rendered constitutionally ineffective assistance of counsel. Dkt. No. 1 (“Petition”) at 4. Respondent opposes the Petition. Dkt. Nos. 7 (“Memorandum”), 7-1 (“Answer”). For the reasons that follow, the Petition is denied.II. BACKGROUNDOn January 4, 2016, Petitioner appeared with defense counsel in the Chenango County Court regarding three indictments against him, two of which had been consolidated, and entered into a negotiated plea agreement. Dkt. No. 8 (“State Court Records”) at SR 11, Ex. A. Under its terms, Petitioner agreed to plead guilty to one count each of second-degree grand larceny and third-degree grand larceny with respect to the consolidated indictment, as well as one count of second degree bail jumping with respect to the separate indictment. Id. at SR 11-13. In exchange, Petitioner would be sentenced as a predicate felon to an indeterminate term of four to eight years’ imprisonment on the second degree grand larceny count, to run consecutively with a sentence of

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