United States Second Circuit

Conviction for killing a person in connection with an attempt to steal money from ATM machines is affirmed over defendant's claims that: 1) being charged with an offense punishable by death entitled him to representation by two attorneys, and the district court erred in dismissing one of his two appointed attorneys after the government stated that it would not seek death penalty; 2) the government engaged in impermissible discrimination in the use of a peremptory challenge; 3) there were various errors in connection with the eyewitness identification evidence admitted against him; and 4) evidence obtained in violation of his privilege against self-incrimination should have been excluded from evidence in the government's rebuttal case.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

• KEARSE, Circuit Judge:, Before: KEARSE and KATZMANN, Circuit Judges, and RAKOFF, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen J. Ritchin, Assistant United States Attorney, New York, NY (Michael J. Garcia, United States Attorney for the Southern District of New York, Karen B. Konigsberg, Celeste L. Koeleveld, Assistant United States Attorneys, New York, NY, on the brief), for Appellee., Clinton W. Calhoun, III, White Plains, NY (Briccetti, Calhoun & Lawrence, White Plains, NY, on the brief), for Defendant-Appellant.