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MORGAN v. SALAMACK

No. 965, Docket 83-2245.

735 F.2d 354 (1984)

Robert MORGAN, Plaintiff-Appellant, v. Dominick SALAMACK, Edgecomb Correctional Facility, and Robert Abrams, Attorney General for the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 18, 1984.

Attorney(s) appearing for the Case

Andrew M. Lawler, New York City (Maurice M. McDermott, New York City, of counsel), for plaintiff-appellant.

Douglas D. Aronin, New York City, Asst. Atty. Gen. of the State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Arlene R. Silverman, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and POLLACK, District Judge.

MILTON POLLACK, District Judge:

This is an appeal from an order denying an application to set aside a state court conviction for robbery on the basis of evidence discovered after the trial which showed that the prosecution's principal witness had testified falsely when he was asked by the prosecutor whether he had ever been arrested and whether he had a permit to carry a weapon in New York City. The claim is that the prosecutor should be faulted for having failed...

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