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FIGUEROA v. PORTUONDO

No. 97 Civ. 2920(AKH).

96 F.Supp.2d 256 (1999)

Carlos FIGUEROA, Petitioner, v. Leonard PORTUONDO, Superintendent Shawangunk Correctional Facility, Respondent.

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

November 10, 1999.

Attorney(s) appearing for the Case

Norman L. Reimer & Susan J. Walsh, Gould, Reimer & Gottfried, New York City, for petitioner Carlos Figueroa.

Robert T. Johnson, District Attorney, Bronx County, by Stuart P. Levy & Robert F. Petrone, Assistants District Attorney, for respondent Leonard Portuondo.

OPINION

HELLERSTEIN, District Judge.

On July 8, 1981, Carlos Figueroa, the Petitioner, and two others were convicted after trial in the Supreme Court, Bronx County, of holding up a gasoline station and the killing of its owner. Petitioner, however, was not identified by witnesses as having taken part in the robbery or homicide, and no physical evidence linked him to the crime. The sufficiency of the real and testimonial evidence was questionable....

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