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LEKA v. PORTUONDO

No. 00-2002.

257 F.3d 89 (2001)

Sami LEKA, Petitioner-Appellant, v. Leonard A. PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: July 12, 2001.

Attorney(s) appearing for the Case

Michael S. Sommer, McDermott, Will & Emery, New York, NY, (Robert E. Rice and Tomasita L. Harrison on the brief), for petitioner-appellant.

Michael Gore, Assistant District Attorney, Kings County, New York (Charles J. Hynes, District Attorney, and Leonard Joblove and Victor Barall, Assistant District Attorneys, on the brief), for respondent-appellee.

Before: JACOBS, PARKER, and SOTOMAYOR, Circuit Judges.

DENNIS JACOBS, Circuit Judge:

Following a 1990 jury trial in the Supreme Court of the State of New York, Kings County, petitioner-appellant Sami Leka was convicted on one count of second degree murder and two counts of criminal possession of a weapon, offenses arising out of the shooting of Rahman Ferati on a Brooklyn street.1 Leka and the victim were on antagonistic sides of an embittered child custody dispute. The State's case consisted...

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