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QUARTARARO v. MANTELLO

No. 88 CV 1013 (ERK).

715 F.Supp. 449 (1989)

Peter QUARTARARO, Petitioner, v. Dominic MANTELLO, Superintendent Wende Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents.

United States District Court, E.D. New York.

June 19, 1989.

Attorney(s) appearing for the Case

Vivian Shevitz, Georgia J. Hinde, New York City, for petitioner.

Patrick Henry, Dist. Atty., Suffolk County, by Mark D. Cohen, Chief, Appeals Bureau, Michael Miller, Glenn Green, Asst. Dist. Attys., Riverhead, N.Y., for respondents.

MEMORANDUM AND ORDER

KORMAN, District Judge.

On April 20, 1979, John Pius, Jr., a thirteen year old resident of Smithtown, New York, was murdered. Approximately seven months later, petitioner Peter Quartararo and his brother, Michael, were indicted and charged with the murder.1 Petitioner and his brother were jointly tried, and following a six week jury trial in the Suffolk County Court, both defendants were convicted of two...

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