Ramon Ricardo Pina v. Robert Henderson, Superintendent of Auburn Correctional Facility

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York (Weinstein, C.J.) 586 F.Supp. 1452, granting appellee’s petition for a writ of habeas corpus and setting aside his State court conviction. The issue on appeal is whether the State prosecutor violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by withholding exculpatory evidence from petitioner. Concluding • that he did not, we reverse.

Petitioner and Eduardo Abreu were arrested on August 27, 1973 after police succeeded in stopping…