of the street, I try to go to the other side," Burbu said. "I try to avoid her illness." Jessica, an employee at Hot and Crusty Bakery on the corner of Lexington and East 77th Street who did not give her last name, said she and her co-worker were walking down the street when Susan spit on them. "She's doing it on purpose," she said. "She's crazy for sure."
MUHAMED SACIRBEY, Petitioner-Appellant,
v.
JOSEPH R. GUCCIONE, United States Marshal for the SDNY; Officer DENNIS SPITZER, Chief Pretrial Services for the Southern District of New York, Respondents-Appellees.
Nos. 06-5137-pr (L), 07-0018-pr (con)
United States Court of Appeals, Second Circuit.
Argued: February 26, 2008.
Decided: December 9, 2009.
James J. McGuire (Kesari Ruza, Timothy J. McCarthy, Elizabeth Rotenberg-Schwartz, Sean J. Kirby, of counsel), Sheppard, Mullin, Richter & Hampton LLP, New York, NY, for Petitioner-Appellant Muhamed Sacirbey.
Anjan Sahni, Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Jonathan S. Kolodner, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for Respondents-Appellees Joseph R. Guccione and Dennis Spitzer.
Before: KEARSE, LEVAL, and CABRANES, Circuit Judges.
JOSÉ A. CABRANES, Circuit Judge:
In this appeal we