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REARDON v. RICHARDSON

No. 921, Docket 91-2271.

956 F.2d 391 (1992)

Keith REARDON, Petitioner-Appellant, v. Frederick RICHARDSON, Superintendent, Cayuga Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 4, 1992.

Attorney(s) appearing for the Case

Marjorie M. Smith, The Legal Aid Soc., Federal Defender Services Appeals Unit, New York City, for petitioner-appellant.

Jay L. Weiner, Asst. Dist. Atty., Kings County (Charles J. Hynes, Dist. Atty., Kings County, Jay M. Cohen, Shulamit Rosenblum, Asst. Dist. Attys., Kings County, Brooklyn, N.Y., of counsel), for respondents-appellees.

Before WINTER, PRATT and MAHONEY, Circuit Judges.

PER CURIAM:

Keith Reardon appeals from Judge Korman's denial of his petition for a writ of habeas corpus based on his claim that a pattern of prosecutorial misconduct deprived him of a fair trial in the New York state courts. The district court held that this claim had been procedurally defaulted because his trial counsel had failed (1) to move for a mistrial and (2) to seek more forceful curative instructions on those issues as to which his objections had been sustained...

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