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UNITED STATES v. DIAZ

No. 19-3841 August Term 2020.

986 F.3d 202 (2021)

UNITED STATES of America, Appellee, v. Robert DIAZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 27, 2021.

Attorney(s) appearing for the Case

SARAH BAUMGARTEL and YUANCHUNG LEE , Federal Defenders of New York, Inc., New York, NY for Defendant-Appellant Robert Diaz.

BRETT M. KALIKOW , Assistant United States Attorney ( Hagan Scotten , Assistant United States Attorney, on the brief), for Audrey Strauss , United States Attorney for the Southern District of New York, for Appellee United States of America.

Before: JACOBS, POOLER, BIANCO, Circuit Judges.

After Raymond Melo was nearly killed during a robbery inside a Bronx apartment complex, he twice identified the perpetrator as Defendant-Appellant Robert Diaz, who was then on supervised release. Several evidentiary issues arose because Melo was a reluctant witness who denied at the revocation hearing that he ever identified...

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