United States Second Circuit

District court's denial of defendant's request for habeas relief from his second degree murder conviction is affirmed, as although the defendant has a federal constitutional right to be present at a Geraci hearing, which are held in New York state courts to determine whether a defendant has procured a witness' unavailability by misconduct and has thus forfeited his Confrontation Clause rights in regards to that witness, defendant has waived that right in this case.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Pooler

Court

• United States Second Circuit

Counsel