United States Second Circuit

In a petition for habeas relief from petitioner's convictions for first degree riot and second degree assault under New York law, denial of the petition is affirmed where the New York courts' rejection of petitioner's due process claim and, specifically, his contention that the law did not make it reasonably clear at the relevant time that his conduct was criminal, was not an unreasonable application of clearly established federal law.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before:  KEARSE, SACK, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Susan D. Fitzpatrick, Law Offices of Susan D. Fitzpatrick, Esq., Red Hook, N.Y., for Petitioner-Appellant.


• For Appellees:
  
• Jodi A. Danzig, Assistant Attorney General (Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, N.Y., for Respondent-Appellee.