Mercado v. Portuondo

SUMMARY ORDER

Petitioner-appellant Javier Mercado appeals from a district court’s denial of his petition for a writ of habeas corpus, challenging his New York state court convictions for second-degree murder and assault. Since 1995, he has been serving concurrent terms of imprisonment, one of 25 years to life, and one of 2 to 6 years. The evidence adduced at trial revealed that Mercado and a friend fired shots at a group of men, killing one man and wounding another.

On direct appeal following a jury trial in state court, Mercado asserted that the trial judge erred in failing to ensure the…