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EVANS v. FISCHER

Docket No. 11-4418-pr.

712 F.3d 125 (2013)

Carlos EVANS, Petitioner-Appellee, v. Brian FISCHER, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 3, 2013.

Attorney(s) appearing for the Case

Glenn A. Garber , ( Angharad Vaughan , on the brief), Glenn A. Garber, P.C., New York, NY, for petitioner-appellee.

Thomas M. Ross , Assistant District Attorney ( Leonard Joblove , Ann Bordley , Assistant District Attorneys, on the brief), for Charles J. Hynes, Kings County District Attorney, Kings County, NY, for respondent-appellant.

Before: LYNCH, LOHIER, and DRONEY, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Petitioner Carlos Evans was convicted by a jury of burglarizing a Brooklyn apartment and sentenced to fifteen years in prison. He was tried along with two codefendants, Hudson Merzier and Anthony Foster, on the strength of evidence recovered from the scene as well as the testimony of, among others, Aisha Walker. Walker was both an acquaintance of the defendants and a neighbor and acquaintance of the burglary victim, Olujimni Omitogun...

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