Quartararo v. Hanslmaier

Judge MISHLER concurs in the result.

VAN GRAAFEILAND, Circuit Judge:

Robert Hanslmaier, Superintendent of New York State’s Woodbourne Correctional Facility, appeals from a judgment of the United States District Court for the Eastern District of New York granting petitioner Michael Quartararo’s writ of habeas corpus. The district court granted the writ on the ground that the evidence at trial was legally insufficient to establish beyond a reasonable doubt petitioner’s guilt of murder in the second degree. Quartararo also challenges the district court’s finding that the trial testimony of a…