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MUNGO v. DUNCAN

No. 03-2706.

393 F.3d 327 (2004)

Marcus MUNGO, Petitioner-Appellant, v. George DUNCAN, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 28, 2004.

Attorney(s) appearing for the Case

Randall D. Unger, Bayside, NY, for Petitioner-Appellant.

Amy Appelbaum, Assistant District Attorney (Charles J. Hynes, District Attorney, Leonard Joblove, Assistant District Attorney, on the brief), Kings County Office of the District Attorney, Brooklyn, NY, for Respondent-Appellee.

Before: MESKILL, LEVAL, and CABRANES, Circuit Judges.

LEVAL, Circuit Judge.

Petitioner Marcus Mungo appeals from the judgment of the United States District Court for the Eastern District of New York (Jack B. Weinstein, J.) denying his petition for a writ of habeas corpus, which sought to overturn his conviction in the courts of New York for murder. Petitioner contends that the admission at his trial of certain hearsay statements made by the murder victim just before his death violated the Confrontation Clause...

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