Brinson v. Walker

LEVAL, Circuit Judge:

Respondent Hans Walker, Superintendent of the Auburn Correctional Facility of the State of New York, appeals from the judgment of the United States District Court for the Western District of New York (Victor E. Bianchini, U.S.M.J.), 1 which granted a writ of habeas corpus under 28 U.S.C. § 2254, setting aside Petitioner Jeremiah Brinson’s New York State conviction of first degree robbery and third degree criminal possession of a weapon, in violation of N.Y. Penal Law §§ 160.15(3) and 265.02(1). Before a jury in the Ontario County Court, Brinson was tried and convicted of…