United States Second Circuit

In a murder prosecution, the denial of petitioner's habeas petition is affirmed where: 1) it was not unreasonable for the Appellate Division to conclude that the reliability of the victim's statements was "amply supported" for hearsay purposes; and 2) there was no reasonable probability that the outcome of the trial would have been different absent defense counsel's alleged errors.

Appellate Information

• Argued 07/08/2009
• Decided 05/25/2010
• Published 05/25/2010

Judges

• Before CALABRESI, HALL, Circuit Judges, SESSIONS,District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marcia J. Silvers, Marcia J. Silvers, P.A., Miami, FL, and Mark D. Seiden, Mark Seiden, P.A., Miami, FL, for Petitioner-Appellant.


• For Appellees:
  
• Mark Dwyer, Assistant District Attorney, on behalf of Robert M. Morgenthau, District Attorney, New York County, New York, NY, for Respondents-Appellees.