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FAMA v. COMMISSIONER OF CORRECTIONAL SERVICES

No. 99-2586.

235 F.3d 804 (2000)

Joseph FAMA, Petitioner-Appellant, v. COMMISSIONER OF CORRECTIONAL SERVICES, Respondent-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Perry S. Reich, Schapiro & Reich, Lindenhurst, NY, for appellant.

Leonard Joblove, for Charles J. Hynes, District Attorney, Kings County, N.Y. (Monique Ferrell, on the brief), for appellee.

Before: McLAUGHLIN, CALABRESI, SOTOMAYOR, Circuit Judges.

CALABRESI, Circuit Judge:

Petitioner Joseph Fama, a New York State prisoner convicted of, among other things, murder in the second degree, New York Penal Law § 125.25[2], and riot in the first degree, New York Penal Law § 240.06, sought habeas corpus pursuant to 28 U.S.C. § 2254. In his habeas petition, Fama alleged, inter alia, that the State had produced insufficient evidence upon which a rational factfinder could conclude that...

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