BENN v. GREINER

Nos. 98-CV-5621 (JBW), 03-MISC-0066 (JBW).

294 F.Supp.2d 354 (2003)

James BENN (92-A-5690), Petitioner, v. Charles GREINER, Superintendent, Sing Sing Correctional Facility, Respondent.

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

December 3, 2003.


Attorney(s) appearing for the Case

Barry G. Rhodes, Brooklyn, NY, for Petitioner.

Amy M. Appelbaum, The Office of the District Attorney, Kings County, Brooklyn, NY, for Respondent.


MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

Petitioner was convicted principally of first-degree sodomy and attempted rape. The jury was precluded by the trial court from learning that the complainant, who suffers from chronic schizophrenia, had made numerous unverified allegations of sexual assault against other persons. Because his opportunity to confront his accuser through cross-examination was unduly truncated, petitioner was...

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