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TYSON v. KEANE

No. 98-2144.

159 F.3d 732 (1998)

James TYSON, Petitioner-Appellant, v. John P. KEANE, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Jeffrey I. Richman, New York City (Daniel L. Greenberg, of Counsel), for Petitioner-Appellant.

Christina A. Baiata, Bronx, NY, Assistant District Attorney, Bronx County (Robert T. Johnson, District Attorney, Bronx County, Joseph N. Ferdenzi, Allen H. Saperstein, Assistant District Attorneys, of Counsel), for Respondent-Appellee.

Before: FEINBERG and JACOBS, Circuit Judges, and POLLACK, District Judge.

FEINBERG, Circuit Judge:

Petitioner James Tyson appeals from a judgment of the United States District Court for the Southern District of New York, Shira A. Scheindlin, J., denying his petition for a writ of habeas corpus. The district court found that Tyson's constitutional claims were not procedurally barred, but that any error by the state trial court was harmless. Tyson v. Keane, 991 F.Supp. 314, 319 (S.D.N.Y. 1998)...

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