Pedro Gutierrez v. Michael McGinnis Superintendent, Attica Correctional Facility

SOTOMAYOR, Circuit Judge.

Petitioner-appellant Pedro Gutierrez appeals from a denial of a petition for a writ of habeas corpus under 28 U.S.C. § 2254, entered on July 31, 2003, in the United States District Court for the Southern District of New York (Baer, J.). Petitioner contends that the New York state trial court admitted into evidence the recording of an anonymous 911 call in contravention of the Sixth Amendment’s Confrontation Clause. On direct appeal, the Appellate Division ruled that the trial court had properly admitted the evidence and that, even if the court had erroneously admitted…