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SHABAZZ v. FILION

No. 06-5438-pr.

RAHEEM SHABAZZ, Petitioner-Appellant, v. GARY H. FILION, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

December 6, 2010.

Attorney(s) appearing for the Case

Stephen Lance Cimino, Esq. , Syracuse, New York, for Appellant.

Priscilla Steward , Assistant Attorney General ( Barbara D. Underwood , Solicitor General, Roseann B. MacKechnie , Deputy Solicitor General for Criminal Matters, on the brief), for Andrew M. Cuomo , Attorney General of the State of New York, Albany, New York, for Appellee.

PRESENT: JOSEPH M. McLAUGHLIN, REENA RAGGI, GERARD E. LYNCH, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on September 26, 2006, is AFFIRMED.

Raheem Shabazz is presently serving a prison term of twenty years to life as a persistent felony offender as a result of his 1996 New York State conviction after a jury trial of second degree robbery. See N.Y. Penal Law § 160.10(2)(b). On this appeal, he challenges the dismissal of his...

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