United States Second Circuit

In a robbery prosecution, grant of petitioner's habeas petition is reversed where the district court erred in failing to accord the deference required by 28 U.S.C. section 2254(d) to the state court's evaluation of the pretrial identification procedures used by the police.

Appellate Information

• Argued 02/05/2009
• Decided 09/28/2009
• Published 09/28/2009

Judges

• STANCEU, Judge:, Before SACK and PARKER, Circuit Judges, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sally Wasserman, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• John Sergi (Janet DiFiore, Joseph M. Latino, and Anthony J. Servino, on the brief), Westchester County District Attorney's Office, White Plains, NY, for Respondent-Appellee.