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LEMUS v. ARTUZ

Nos. 98 CIV. 7197(JSR), 98 CIV. 7200(JSR).

131 F.Supp.2d 532 (2001)

David LEMUS, Petitioner, v. Christopher ARTUZ, Superintendent of Green Haven Correctional Facility, and Dennis Vacco, Attorney General of New York, Respondents. Olmado Hidalgo, Petitioner, v. Christopher Artuz, Superintendent of Green Haven Correctional Facility, and Dennis Vacco, Attorney General of New York, Respondents.

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

February 15, 2001.

Attorney(s) appearing for the Case

Nancy E. Little, Legal Aid Society, New York City, for David Lemus.

Eric Sears, New York City, for Olmado Hidalgo.

Sheryl Feldman, Asst. Dist. Atty., New York City, for Christopher Artuz and Dennis Vacco.

MEMORANDUM ORDER

RAKOFF, District Judge.

On December 2, 1992, in New York State Supreme Court, a jury unanimously found beyond a reasonable doubt that David Lemus and Olmado Hidalgo had murdered Marcus Peterson, a security guard at a Manhattan nightclub, and had attempted to murder another security guard, Jeffrey Craig. On January 6, 1993, Lemus and Hidalgo were each sentenced to 25 years to life on the murder conviction and to a lesser concurrent...

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