The following excerpt is from Panuccio v. Kelly, 927 F.2d 106 (2nd Cir. 1991):
Panuccio argues that the district court's findings are erroneous because the district court improperly limited its inquiry to the advice that counsel would have given if he had discussed the possibility of the intoxication defense with Panuccio, whereas the appropriate inquiry is whether counsel had a duty to inform Panuccio of the defense. Although we agree that there is more to the appropriate inquiry than merely resolving whether counsel would have adhered to his advice even if he had discussed the intoxication defense with Panuccio, cf. Miller v. Angliker, 848 F.2d 1312, 1322 (2d Cir.), cert. denied, 488 U.S. 890, 109 S.Ct. 224, 102 L.Ed.2d 214 (1988), it is clear to us that the district court did not so limit its inquiry.
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