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ALVAREZ v. ERCOLE

Docket No. 13-2828-pr.

763 F.3d 223 (2014)

Julio ALVAREZ, Petitioner-Appellee, v. Robert ERCOLE, Superintendent of Green Haven Correctional Facility, and Andrew Cuomo, Attorney General of the State of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2014.

Attorney(s) appearing for the Case

William Carney , The Legal Aid Society, New York, N.Y., for Petitioner-Appellee.

Cynthia A. Carlson ( Joseph N. Ferdenzi and Mary Jo L. Blanchard , on the brief), Assistant District Attorneys, for Robert T. Johnson , Bronx County District Attorney, Bronx, N.Y., for Respondents-Appellants.

Before: JACOBS, CALABRESI, and LIVINGSTON, Circuit Judges.

CALABRESI, Circuit Judge:

Petitioner-Appellee Julio Alvarez was sentenced in 2004 to 45 years' imprisonment for shooting and killing Daniel Colon and wounding two others. At trial, Alvarez's defense strategy was to show that the New York City Police Department investigation had been incomplete in ways that created reasonable doubt that the government had proved its case against him. In support of this argument, Alvarez sought to cross-examine the lead detective to...

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