COTTO v. MANN

No. 95-CV-2215 (ARR).

991 F.Supp. 124 (1998)

Milton COTTO, Petitioner, v. Louis MANN, Superintendent of Shawangunk Correctional Facility, Respondent.

United States District Court, E.D. New York.

January 16, 1998.


Attorney(s) appearing for the Case

Lawrence Gerzog, Christopher H. Martin, New York City, for Petitioner.

Andrew Leff, Assistant District Attorney, Kings County District Attorney, Brooklyn, NY, for Respondent.


OPINION AND ORDER

ROSS, District Judge.

In this case, the court is called upon to determine whether the unconstitutional admission of statements at trial made by the petitioner's non-testifying co-defendant was merely harmless error or was sufficiently prejudicial to necessitate the grant of a writ of habeas corpus. See Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968); Cruz v. New...

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