United States Second Circuit

Because petitioner's right of confrontation was violated at trial, due primarily to the lack of cross-examination of the only eyewitness, petition for habeas relief is granted and defendant's murder conviction is vacated. (Amended opinion)

Appellate Information

• Decided 05/13/2003
• Published 05/13/2003

Judges

• STRAUB, Circuit Judge., Before:  OAKES, STRAUB, Circuit Judges, and PRESKA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jonathan I. Edelstein, Kew Gardens, N.Y. (Abraham Abramovsky, Fordham University School of Law, New York, NY, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Donna Krone, Assistant District Attorney, New York County (Robert M. Morgenthau, District Attorney for New York County, Morrie I. Kleinbart, Assistant District Attorney, on the brief), New York, NY, for Respondent-Appellee.