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Abstract

Before: OAKES, KEARSE and LEVAL, Circuit Judges.Jonathan Svetkey, Assistant District Attorney, New York City (Robert T. Johnson, District Attorney, Bronx County, Peter D. Coddington and Anthony J. Girese, Assistant District Attorneys, New York City, of counsel), for Respondents-Appellants. Mark F. Pomerantz, New York City (Warren L. Feldman, Rogers & Wells, New York City, David T. Grudberg, Jacobs, Grudberg, Belt & Dow, New Haven, CT, of counsel), for Petitioner-Appellee. This is an appeal from a judgment of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, granting Sheila Ryan DeLuca's petition for a writ of habeas corpus, setting aside her New York state court conviction for murder in the second degree, and ordering a new trial. See DeLuca v. Lord, 858 F.Supp. 1330 (S.D.N.Y.1994). The district court granted the petition on the grounds that DeLuca's counsel in her state court trial was ineffective in two respects: first, in failing to adequately investigate, prepare for, and advise DeLuca of a possible defense based on extreme emotional disturbance (“EED”); and second, in failing to advise DeLuca that it was up to her to decide whether to testify in her own defense. The People challenge both findings.