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United States Second Circuit


US v. MCDERMOTT(POMPONIO), 00-1808, 01-1027

Where the defendant did not produce any evidence that police officer, called as a defense witness, would have testified favorably for the defense on relevant matters, and there was no allegation that the prosecution caused or contributed to officer's absence at trial, defendant's constitutional claims of a denial of compulsory process and due process were rejected.

Appellate Information

  • Argued 11/15/2001
  • Decided 04/09/2002
  • Published 04/09/2002

Judges

  • CARDAMONE, Circuit Judge., Before FEINBERG, CARDAMONE, and SOTOMAYOR, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • John H. Jacobs, New York, N.Y. (Elizabeth E. Macedonio, Law Office of John H. Jacobs, New York, New York, of counsel), for Appellant, Lambros., Valerie S. Amsterdam, New York, N.Y. (Amsterdam & Branden, New York, New York, of counsel), for Appellant, Laduca.

  • For Appellees:
  • Gary R. Brown, Assistant United States Attorney, Brooklyn, N.Y. (Alan Vinegrad, United States Attorney, Jo Ann M. Navickas, Leonard Lato, Assistant United States Attorneys, Eastern District of New York, Brooklyn, NY, of counsel), for Appellee.
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