United States Second Circuit

In a robbery prosecution, conditional grant of petitioner's habeas petition is reversed where: 1) the prosecution failed to meet its burden in showing that petitioner procured the absence of a witness, and that the state appellate court and magistrate judge, therefore, both correctly concluded that petitioner did not waive his right of confrontation; but 2) the erroneously admitted evidence was cumulative of properly admitted evidence, and the remaining evidence of guilt, including petitioner's oral confession, was strong.

Appellate Information

• Argued 06/23/2009
• Decided 02/23/2010
• Published 02/23/2010

Judges

• TRAGER, District Judge., Before MINER and LIVINGSTON, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Julia Pamela Heit, Esq., New York, NY, for Petitioner-Appellee., Michael C. Green, Esq., District Attorney for Monroe County, Kelly Christine Wolford, Esq., Assistant District Attorney, Rochester, NY, for Respondent-Appellant.