SCHWARTZ, Chief Judge.
Simeon was indicted for first degree murder in the shooting death of Juaros Pierre and convicted of second degree murder after a jury trial. His defense was that the crime had actually been committed by Felix Hernandez, who was with him in an automobile when the offense took place. Hernandez, in turn, claimed that Simeon was guilty, and the issue for the jury was which of the two was the perpetrator. Before the trial, Hernandez, who had also...
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