The following excerpt is from Mcbee v. Burge, 09-3679-pr (2nd Cir. 2010):
points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution's case"). "No one factor is dispositive," but "the strength of the prosecution's case is probably the single most critical factor." United States v. Reifler, 446 F.3d 65, 87 (2d Cir. 2006) (internal quotation marks and alteration omitted). At the same time, "the mere fact that the properly admitted evidence, standing alone, would have been sufficient to support the conviction is not determinative of whether the improperly admitted evidence had a substantial and injurious effect." Wray v. Johnson, 202 F.3d 515, 526 (2d Cir. 2000).
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