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United States Second Circuit


Rivera v. Cuomo, 10-224

On panel rehearing, district court denial of habeas corpus petition is affirmed where, applying New York law as it existed after the petitioner’s conviction for "depraved indifference" murder became final, and giving the state courts and the jury the utmost deference, the evidence was not so completely lacking that no rational jury could have found the petitioner guilty.

Appellate Information

  • Decided 12/16/2011
  • Published 12/16/2011

Judges

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • William Carney, Charles J. Hynes

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