Sami Leka v. Leonard A. Portuondo, Superintendent, Shawangunk Correctional Facility

JACOBS, Circuit Judge:

Following a 1990 jury trial in the Supreme Court of the State of New York, Kings County, petitioner-appellant Sami Leka was convicted on one count of second degree mui'der and two counts of criminal possession of a weapon, offenses arising out of the shooting of Rahman Ferati on a Brooklyn street. 1 Leka and the victim were on antagonistic sides of an embittered child custody dispute. The State’s case consisted chiefly of the eyewitness testimony of a man and a woman who were passing by on the sidewalk during the shooting. Leka’s motion for a writ of ha-beas corpus,…