United States Second Circuit

Denial of habeas petition is affirmed over claim that the state trial court violated petitioner's due process rights by allowing into evidence his identification allegedly made under suggestive circumstances. Review is barred by independent and adequate state law grounds.

Appellate Information

• Decided 05/09/2007
• Published 05/09/2007

Judges

• Before:  CARDAMONE, MINER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John W. Berry, New York, New York (Ashley F. Waters, Akin Gump Strauss Hauer & Feld, L.L.P., New York, New York;  David Crow, The Legal Aid Society, Criminal Appeals Bureau, New York, New York, of counsel), for Petitioner-Appellant.


• For Appellees:
  
• Hae Jin Liu, Assistant District Attorney, Bronx, New York (Robert T. Johnson, District Attorney, Joseph N. Ferdenzi, Nancy D. Killian, Assistant District Attorneys, Bronx County, Bronx, New York, of counsel), for Respondents-Appellees.