United States Second Circuit

The general due process standard in Manson v. Brathwaite would apply to admission of impermissibly suggestive in-court identification testimony, but here, because evidence of defendant-s guilt independent of in-court identification was powerful, any error in the state court's application of federal law was harmless; to the extent that habeas review was available for petitioner's Brady claim, denial of the petition was proper.

Appellate Information

• Decided 04/12/2002
• Published 04/15/2002

Judges

• CALABRESI, Circuit Judge:, Before:  LEVAL and CALABRESI, Circuit Judges, and DEARIE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anthony V. Lombardino, Richmond Hill, New York, for Petitioner-Appellant.


• For Appellees:
  
• Donna Aldea, Assistant District Attorney, Queens County, Kew Gardens, New York (Richard A. Brown, District Attorney, Queens County, Kew Gardens, New York, and John M. Castellano, Assistant District Attorney, Queens County, Kew Gardens, New York, of counsel), for Respondent-Appellee.