Mendoza v. Keane, 051209 FED2, 06-5197-pr

Docket Nº:06-5197-pr
Party Name:Roberto[1] Mendoza, Petitioner-Appellant, v. John Keane, Respondent-Appellee,
Attorney:FOR PETITIONER-APPELLANT: LISA NAPOLI, Of Counsel (Lynn W.L. Fahey, on the brief), Appellate Advocates, New York, New York. FOR RESPONDENT-APPELLEE: JOHNNETTE TRAILL, Assistant District Attorney, Of Counsel (John M. Castellano, Emil Bricker, Assistant District Attorneys, Of Counsel, on the brief)...
Judge Panel:PRESENT: HON. DENNIS JACOBS, Chief Judge, HON. ROSEMARY S. POOLER, HON. PETER W. HALL, Circuit Judges.
Case Date:May 12, 2009
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Roberto1 Mendoza, Petitioner-Appellant,

v.

John Keane, Respondent-Appellee,

No. 06-5197-pr

United States Court of Appeals, Second Circuit

May 12, 2009

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JANUARY 1, 2007 IS PERMITTED AND IS GOVERNED BY THIS COURT'S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION: "(SUMMARY ORDER)." UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT HTTP://WWW.CA2.USCOURTS.GOV), THE PARTY CITING THE SUMMARY ORDER MUST FILE AND SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED. IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 12th day of May, two thousand nine.

Appeal from a judgment of the United States District Court for the Eastern District of New York (Ross, J.).

FOR PETITIONER-APPELLANT: LISA NAPOLI, Of Counsel (Lynn W.L. Fahey, on the brief), Appellate Advocates, New York, New York.

FOR RESPONDENT-APPELLEE: JOHNNETTE TRAILL, Assistant District Attorney, Of Counsel (John M. Castellano, Emil Bricker, Assistant District Attorneys, Of Counsel, on the brief), for Richard A. Brown, Queens County District Attorney, Kew Gardens, New York.

PRESENT: HON. DENNIS JACOBS, Chief Judge, HON. ROSEMARY S. POOLER, HON. PETER W. HALL, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Petitioner-Appellant Roberto Mendoza appeals from an October 23, 2006 order entered in the United States District Court for the Eastern District of New York denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mendoza was convicted in...

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