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GARCIA v. LEWIS

No. 98-3733.

188 F.3d 71 (1999)

Thomas GARCIA, Petitioner-Appellant, v. Hazel LEWIS, Superintendent, Hale Creek Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 12, 1999.

Attorney(s) appearing for the Case

Winston McIntosh, New York City (Lynn W.L. Fahey, Appellate Advocates, New York City, of counsel), for Appellant.

Mark H. Levine, Assistant District Attorney, Queens County, Kew Gardens, NY (Richard A. Brown, District Attorney, Queens County, John M. Castellano, Robin A. Forshaw, Assistant District Attorneys, Queens County, Kew Gardens, NY, of counsel), for Appellee.

Before: MESKILL and WALKER, Circuit Judges, and TRAGER, District Judge.

MESKILL, Circuit Judge:

Petitioner-appellant Thomas Garcia was convicted by a jury in New York State Supreme Court, Queens County, of one count of possession and sale of narcotics and one count of possession of marijuana. After exhausting his right to direct appeal in the state courts, Garcia petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. He claimed that his Sixth Amendment right to a public trial was violated because his mother's companion was...

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