In a petition for habeas relief from petitioner's convictions for first degree riot and second degree assault under New York law, denial of the petition is affirmed where the New York courts' rejection of petitioner's due process claim and, specifically, his contention that the law did not make it reasonably clear at the relevant time that his conduct was criminal, was not an unreasonable application of clearly established federal law.
Argued: April 20, 2009
Decided: November 10, 2009
Opinion by Judge Livingston
Susan D. Fitzpatrick, Law Offices of Susan D. Fitzpatrick, Esq., Red Hook, NY
Jodi A. Danzig, Assistant Attorney General, New York, NY