Evans v. Fischer, No. 11-4418 (2d Cir. 2013)
Annotate this CaseRespondent appealed from the district court's grant of petitioner's application for a writ of habeas corpus. Petitioner was convicted of burglarizing a Brooklyn apartment and sentenced to fifteen years in prison. The Appellate Division held that a written statement introduced into evidence at petitioner's trial was inadmissible hearsay but that the error was harmless. Concluding that the trial judge had improperly admitted the hearsay document into evidence, the district court granted petitioner's application for the writ. The court held, however, that the district court erred because the decision of the Appellate Division was not contrary to or an unreasonable application of Supreme Court precedent, pursuant to 28 U.S.C. 2254.
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