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MALDONADO v. SCULLY

No. 1004, Docket 95-2598.

86 F.3d 32 (1996)

Luis MALDONADO, Petitioner-Appellee, v. Charles SCULLY and Green Haven Correctional Facility Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Darrell B. Fields, Legal Aid Society, New York City, for petitioner-appellee.

Leonard Joblove, Assistant District Attorney, Brooklyn, NY (Charles J. Hynes, District Attorney, Roseann B. MacKechnie, Assistant District Attorney, on the brief), for respondent-appellant.

Before: OAKES and McLAUGHLIN, Circuit Judges, and OWEN, District Judge.

OWEN, Senior District Judge:

In 1982, appellee Luis Maldonado was found guilty by a jury in New York State Supreme Court as an accessory to the second degree murders of Victor Martinez and Roberto Toro under New York Penal Law § 125.25(1). Maldonado was sentenced to consecutive terms of imprisonment of fifteen years to life on each conviction. Almost five years later, in 1987, the Appellate Division modified the judgments, reversing Maldonado's conviction for...

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