Sims v. Ercole

Filing 19

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)

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.

APPEARANCES: 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