COTTO v. HERBERT

Docket No. 01-2694.

331 F.3d 217 (2003)

Richard COTTO, Petitioner-Appellant, v. Victor HERBERT, Warden, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Supplemental Briefs Filed: November 22, 2002.

Decided: May 1, 2003.


Attorney(s) appearing for the Case

Jonathan I. Edelstein, Kew Gardens, N.Y. (Abraham Abramovsky, Fordham University School of Law, New York, NY, on the brief), for Petitioner-Appellant.

Donna Krone, Assistant District Attorney, New York County (Robert M. Morgenthau, District Attorney for New York County, Morrie I. Kleinbart, Assistant District Attorney, on the brief), New York, NY, for Respondent-Appellee.

Before: OAKES, STRAUB, Circuit Judges, and PRESKA, District Judge.


STRAUB, Circuit Judge.

Shortly before 8:00 p.m. on November 28, 1992, at the corner of East 103rd Street and Second Avenue in Manhattan, Steven Davilla was shot. He died at the hospital four hours later. After approximately a year, petitioner-appellant Richard Cotto was arrested and charged with Davilla's murder. In the months before Cotto's trial began in March 1996, Anthony Echevarria, a neighborhood resident who knew both Cotto and Davilla, told law enforcement...

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