Kendrick v. Greiner

MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

Petitioner was convicted primarily of second-degree murder for the stabbing death of an elderly woman on a sidewalk in Queens. His conviction was achieved largely on the basis of the identification testimony of a single eyewitness, a ten-year-old boy who observed much of the assault from an apartment window three floors above the street. The boy was initially unable to identify petitioner from a lineup as the assailant, instead identifying a “filler” as the killer. He changed his mind and identified petitioner only after asking a…