Suarez v. Bennett

SUMMARY ORDER

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at Foley Square, in the City of New York, on the 8th day of March, two thousand and six.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED in part, VACATED in part and the case REMANDED.

Following a two-day jury trial in New York state court, Petitioner-Appellant Efrain Suarez (“Suarez” or “Petitioner”) was convicted of robbery in the first degree, burglary in the first degree,…