United States Second Circuit

Grant of petition for habeas relief is reversed where: 1) plaintiff failed to establish that the state court's decision was an unreasonable application of clearly established federal law, as the challenged showup procedure was not unnecessarily suggestive; and 2) the showup identification was independently reliable.

Appellate Information

• Decided 05/13/2009
• Published 05/13/2009

Judges

• Before:  WINTER and CABRANES, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Guy Arcidiacono, Assistant District Attorney (Thomas J. Spota, District Attorney of Suffolk County, on the brief), Riverhead, New York, for Respondent-Appellant., Sally Wasserman, New York, NY, for Petitioner-Appellee.