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GUTIERREZ v. MCGINNIS

Docket No. 03-2560.

389 F.3d 300 (2004)

Pedro GUTIERREZ Petitioner-Appellant, v. Michael McGINNIS, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2004.

Attorney(s) appearing for the Case

Robert J. Boyle, New York, NY, for petitioner-appellant.

Yael V. Levy, Assistant District Attorney for Bronx County, New York (Robert T. Johnson, District Attorney, Joseph N. Ferdenzi, Assistant District Attorney, on the brief), Bronx, NY, for respondent-appellee.

Before: CALABRESI, SOTOMAYOR, Circuit Judges, and COTE, District Judge.

SOTOMAYOR, Circuit Judge.

Petitioner-appellant Pedro Gutierrez appeals from a denial of a petition for a writ of habeas corpus under 28 U.S.C. § 2254, entered on July 31, 2003, in the United States District Court for the Southern District of New York (Baer, J.). Petitioner contends that the New York state trial court admitted into evidence the recording of an anonymous 911 call in contravention of the Sixth Amendment's Confrontation Clause. On direct appeal,...

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