DALLIO v. SPITZER

No. 00 CV 1572.

170 F.Supp.2d 327 (2001)

Thomas DALLIO, Petitioner, v. Eliot SPITZER, New York State Attorney General, and Michael McGinnis, Superintendent, Southport Correctional Facility, Respondents.

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

October 26, 2001.


Attorney(s) appearing for the Case

William B. Carney, The Legal Aid Society Criminal Appeals Bureau, New York, NY, for petitioner.

Richard A. Brown, District Attorney, Queens County by John M. Castellano, Lisa Drury, Assistant District Attorneys, Kew Gardens, NY, for respondents.


MEMORANDUM AND ORDER

BLOCK, District Judge.

Petitioner, Thomas Dallio ("Dallio") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 15, 1991, Dallio confessed to robbing and murdering Loni Berglund ("Berglund") in her home in Queens on January 10, 1986. Dallio's motion to suppress the confession was denied by the Supreme Court, Queens County, on August 3, 1995, after a hearing. Thereafter, on November 13, 1995, Dallio...

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