1. Whether the State Court constructively amended the indictment which charged petitioner on September 1, 2009 through September 1, 2010, before the New York State Penal Law § 220.77 (I), Operating as a Major Trafficker statue, went into effect and the instructions altered an essential element of that crime by refusing to re-submit indictment to the Grand Jury?

2. Whether petitioner enjoyed the Right to Counsel at the initial arraignment proceeding during a critical stage, haven been charged of the highest felony offence in New York State, an A-l felony and is appellate counsel ineffective for failin g to raise such colorable claim?

3. Whether the lower federal courts legally and factually circumvented and debased committing structural U.S. Constitutional error in failing to follow Supreme Court precedent by ruling that petitioner has not exhausted his federal claims in State court?

Whether the State Court constructively amended the indictment