In People v. Feliciano, 17 NY3d 14, 950 N.E.2d 91, 926 N.Y.S.2d 355 (2011), rearg. denied, 17 N.Y.3d 848, 954 N.E.2d 1169, 930 N.Y.S.2d 543 (2011), the Court of Appeals held that defense counsel, and appellate counsel, could not be considered ineffective for failing to raise an objection to the jurisdiction of the court at a parole violation hearing due to the delay in bringing the proceeding, where the argument relied upon a complex analysis of the relevant statutes and cases. Id. at 28.

The argument was not so strong that no reasonable defense lawyer could have found it to be not worth raising. Id.