GRAYTON v. ERCOLE

Docket No. 10-1419.

691 F.3d 165 (2012)

Nathaniel GRAYTON, Petitioner-Appellant, v. Robert ERCOLE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2012.


Attorney(s) appearing for the Case

Julia Pamela Heit , New York, N.Y., for appellant, Nathaniel Grayton.

Morgan J. Dennehy , Leonard Joblove , Anthea N. Bruffee , Assistant District Attorneys (of counsel) on behalf of Charles J. Hynes , District Attorney Kings County, Brooklyn, N.Y., for appellee, Robert Ercole.

B.D. PARKER, Circuit Judge, filed a concurring opinion.


POOLER, Circuit Judge:

This appeal arises from a denial of a petition for a writ of habeas corpus. Appellant Nathaniel Grayton was found guilty on January 17, 2003 after a jury trial, of Murder in the Second Degree, N.Y. Penal Law § 125.25(1). He was sentenced to twenty-five years to life imprisonment on February 6, 2003. He exhausted his state appeals. He then timely petitioned for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, in the United States...

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