Whitley v. Ercole, No. 10-3119-pr (2nd Cir.) (642 F.3d 278) (June 7, 2011) (Judge Debra Ann Livingston)
In a petition for habeas relief from defendant’s conviction for murder, judgment of the district granting relief on the basis of the trial court’s failure to inform jury that testimony provided by a witness in preceding trial had been recanted is reversed, where defendant failed to preserve objection during trial. ...
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