The following excerpt is from People v. Andrews, 17 N.E.3d 491, 2014 N.Y. Slip Op. 04233, 23 N.Y.3d 605, 993 N.Y.S.2d 236 (N.Y. 2014):
Third, defense counsel's failure has jeopardized defendant's potential request for federal habeas relief (Baldwin v. Reese, 541 U.S. 27, 29, 124 S.Ct. 1347, 158 L.Ed.2d 64 [2004] [Before seeking a federal writ of habeas corpus, a state prisoner must exhaust available state remedies], citing 28 USC 2254 [b][1] ). Defendant's interest in state and federal judicial review of his claims is of no less import and is no less worthy of protection than the interests at stake in Syville.
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