189 F.3d 461 (2nd Cir. 1999), 98-3753, McLean v. McGinnis

Docket Nº:98-3753.
Citation:189 F.3d 461
Party Name:Alvin W. McLEAN, Prisoner # 93-A-9397 Petitioner-Appellant, v. Michael McGINNIS, Superintendent, Southport Correctional Facility; Glenn S. Goord, Commissioner, Respondents-Appellees.
Case Date:August 20, 1999
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
FREE EXCERPT

Page 461

189 F.3d 461 (2nd Cir. 1999)

Alvin W. McLEAN, Prisoner # 93-A-9397 Petitioner-Appellant,

v.

Michael McGINNIS, Superintendent, Southport Correctional Facility; Glenn S. Goord, Commissioner, Respondents-Appellees.

No. 98-3753.

United States Court of Appeals, Second Circuit

August 20, 1999

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA2 s 0.23 regarding use of unpublished opinions)

Appeal from the United States District Court for the Eastern District of New York (John Gleeson, Judge ).

For Appellant: MALVINA NATHANSON, New York, N.Y.

For Appellee: JOHN M. CASTELLANO, ROBIN A. FORSHAW, and LISA DRURY, Assistant District Attorneys, Of Counsel, on behalf of RICHARD A. BROWN, District Attorney, Queens County, Kew Gardens, N.Y.

PRESENT: HON. GUIDO CALABRESI, HON. JOSÉ A CABRANES, HON. SONIA SOTOMAYOR, Circuit Judges.

UPON DUE CONSIDERATION, it is ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and hereby is AFFIRMED.

Petitioner-Appellant Alvin McLean appeals from a judgment of the United States District Court for the Eastern District of New York (John Gleeson, Judge ), dismissing his 28 U.S.C. § 2254 petition for a writ of habeas corpus. In his petition, McLean sought to challenge his New York state convictions for second-degree murder, second-degree attempted murder, first degree robbery, first degree assault, and two counts each of first-degree criminal use of a firearm, of second-degree criminal possession of a weapon, and of third-degree criminal possession of a weapon. The only issue in this appeal is whether the trial court's admittedly erroneous exclusion of one defense witness's testimony (about the prior inconsistent statements of a key prosecution witness) deprived petitioner of his right to present his defense. The district court found that it did not. We affirm.

A jury convicted McLean on November 19, 1993. The Appellate Division affirmed his conviction, finding that the evidentiary issue that animates this habeas petition was "either unpreserved for appellate review or without merit." People v. McLean, 226 A.D.2d 396, 640 N.Y.S.2d 265 (N.Y.App.Div.1996). The New York Court of Appeals denied McLean's application for leave to appeal. See People v. McLean, 88 N.Y.2d 938, 647 N.Y.S.2d 172, 670 N.E.2d 456...

To continue reading

FREE SIGN UP