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******************************************************FRITZGERALD DIEUDONNE v

. COMMISSIONER OF CORRECTION (SC 19140)
Rogers, C. J., and Palmer, Zarella, Eveleigh, McDonald,

Espinosa and Robinson, Js. Argued January 8—officially released April 21, 2015 MichaelProto, assistant state’s attorney, with whom
were Tamara Grosso, assistant state’s attorney, and,
on the brief, David I. Cohen, state’s attorney, for the appellant (respondent).
Damon A. R. Kirschbaum, for the appellee (petitioner).Opinion PERCURIAM. Thepetitioner, FritzgeraldDieudonne,
was convicted of assaulting a police officer who had attempted to restrain and arrest him. He filed apetition for awrit ofhabeas corpus, claiming that his trial counsel was ineffective in failing to presentthe testimony of Jessie Boiteux, a purported eyewitness to the incident. Boiteuxtestifiedatthe habeasproceeding and corroborated the petitioner’s version of events, testifying that the petitioner didnot assaultthe officer orresist arrest. The habeas court granted the petition, concluding that both prongs ofthe test set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), weresatisfied. Therespondent, the Commissioner of Correction, appealed from the habeas court’s judgment, claiming that the habeas court, in determining that the prejudice prong of the Strickland test had been satisfied, failedto applythe correctlegal standard and failedto properlyweighthe totality ofthe evidence presented at the petitioner’s habeas and criminal trials. ToproveprejudiceunderStrickland, thepetitionerwas required to demonstrate that there was a reasonable probability that the jury would have credited Boiteux’ testimony if it had been presented at the criminal trial and that, in light of his testimony, there was a reasonable probability that the outcome of that trial would havebeendifferent. Seeid., 694–96. TheAppellateCourt affirmed the judgment of the habeas court upon concluding that the habeas court applied the correct legal standard and properly considered the evidence in analyzing the Strickland prejudice prong. Dieudonne v. Commissioner ofCorrection, 141 Conn. App. 151, 163, 60 A.3d 385 (2013). The respondent then filed apetition for certification to appeal, which we granted, limited to the following question: ‘‘Did the Appellate Court properly apply the standards set forth in [Strickland] with regard to burden of proof and weighing of the evidence?’’Dieudonnev. CommissionerofCorrection, 308 Conn. 940, 66 A.3d 882 (2013).
After examining the entire record on appeal and considering the briefs and oral arguments of the parties,
we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
The appeal is dismissed.