McBee v. Burge

MEMORANDUM & ORDER ADOPTING REPORT & RECOMMENDATION

DORA L. IRIZARRY, District Judge:

Petitioner Jerry McBee objects to the February 12, 2009 Report and Recommendation of United States Magistrate Judge Lois Bloom (“R & R”), 1 which recommended that his petition for a writ of habeas corpus under 28 U.S.C. § 2254 be denied, but that a certificate of appealability issue. The Magistrate Judge agreed with the Appellate Division, Second Department’s holding on appeal from the judgment of conviction that the trial court violated petitioner’s rights under the Sixth Amendment’s Confrontation Clause by…