Sims v. Ercole, No. 1:2009cv04398 - Document 19 (S.D.N.Y. 2010)
Court Description: OPINION: Based upon the facts and conclusions set forth in this Opinion, the petition for a writ of habeas corpus is denied, and no certificate of appealability will issue. (Signed by Judge Robert W. Sweet on 4/23/2010) (tro)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FJ-E(JTR(XJKX-J,Y FILED .................................... PATRICK SIMS, Petitioner, 09 Civ. 4398 OPINION ROBERT ERCOLE, Respondent. A P P E A R A N C E S : Pro Se PATRICK SIMS #05-a-3881 Green Haven Correctional Facility Stormville, NY 12582 Attorneys for Respondent ANDREW M. CUOMO Attorney General of the State of New York 120 Broadway New York, NY 10271 By: Alyson J. Gill, Esq. Priscilla Steward, Esq. Sweet, D.J. Petitioner Patrick Sims (the "Petitioner"), pro se, - seeks under 28 U.S.C. 5 2254 a writ of habeas corpus alleging that: (1) the trial court violated Petitioner's due process rights by permitting the prosecutor to crossexamine Petitioner about the nature and underlying facts of his prior weapon possession conviction; (2) the prosecutor violated the trial court's Sandoval ruling by crossexamining Petitioner regarding an event that occurred in 2003; (3) the prosecutor committed misconduct during her summation by castigating Petitioner as the neighborhood bad guy; and (4) Petitioner's sentences were excessive. Upon the facts and conclusions set forth below, the petition is denied. Prior Proceedings By Indictment Number 3223/04, a New York County grand jury charged Petitioner with one count each of firstdegree assault and criminal possession of a weapon in the second and third degrees. On September 8, 2004, the Honorable Judith Sudolnik conducted a hearing and denied Petitioner's motion to suppress identification evidence and
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
