ALICEA v. SENKOWSKI

KAPLAN, District Judge.

By order dated June 25, 2001, this Court denied petitioner's application for a writ of habeas corpus and adopted the recommendation of Magistrate Judge Eaton, although it did so on a somewhat different basis. Three days later, the Court received untimely objections to the Magistrate Judge's report and recommendation.

The Court has reviewed the objections and treats them as a motion for reconsideration. The Court grants the motion for reconsideration but, on reconsideration, adheres to its original decision. The Appellate Division did not credit the testimony of petitioner's trial counsel and found that petitioner had failed to establish that counsel's failure to use the police reports reflected ineffectiveness rather than trial strategy. Those conclusions, although perhaps debatable, were not unreasonable.

SO ORDERED.