Docket No. 10-3119-pr.

642 F.3d 278 (2011)

Darryl WHITLEY, Petitioner-Appellee, v. Robert ERCOLE, in his Official Capacity as Superintendent, Green Haven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 7, 2011.

Attorney(s) appearing for the Case

Barry Robert Ostrager ( Juan A. Arteaga , on the brief), Simpson Thacher & Bartlett LLP, New York, NY, for Petitioner-Appellee.

Dana Poole , Assistant District Attorney, ( Alan Gadlin , Assistant District Attorney, on the brief), on behalf of Cyrus R. Vance, Jr. , District Attorney, New York County, New York, NY, for Respondent-Appellant.

Before: RAGGI, LIVINGSTON, and CHIN, Circuit Judges.


On November 2, 1981, a young doctor and soon-to-be-father was shot and killed in a petty street robbery gone awry outside of Columbia Presbyterian Hospital in the Washington Heights neighborhood of Manhattan. The ensuing investigation led New York City police to petitioner-appellee Darryl Whitley, who was arrested and tried on one count of felony murder in the second degree. Whitley's first trial resulted in a hung jury. At his...

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