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RUDENKO v. COSTELLO

Docket Nos. 99-2242 (L), 99-2248, 99-2266, 99-2276, 99-2277, 99-2304, 99-2309, 99-2340, 99-2387, 99-2423, 99-2466, 99-2497, 99-2524, 99-2531, 99-2692 and 99-2718.

286 F.3d 51 (2002)

Konstantin RUDENKO; Rudenko Konstantin; Abdul Hakim, also known as Desmond Woodburn; Anthony Williams; Connie L. Johnson; Darrell Spencer; Norman Chang; Patrick Bannon; Ramon Alcantara; Dennis Gandarilla; Dennis Brown; Darren Collins; Miguel Miranda; Anthony DeFina; Victor Woodard, Petitioners-Appellants, v. Joseph J. COSTELLO, Supt.; Charles J. Hynes; Charles Greiner, Superintendent, Sing Sing Correctional Facility; Daniel A. Senkowski, Superintendent, Clinton Correctional Facility; John P. Keane, Supt.; Christopher Artuz, Superintendent; Commissioner of Correctional Services; James Stinson, Superintendent; Floyd Bennett; H.H. Albaugh, Supt.; Frank Irvin, Supt. of the Wende Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

March 20, 2002.

Attorney(s) appearing for the Case

Larry W. Yackle, Boston University School of Law, Boston, MA, (Perry S. Reich, Schapiro & Reich, Lindenhurst, NY, on the brief), for Petitioners-Appellants.

Amy Appelbaum, Assistant District Attorney, Kings County, Brooklyn, NY, (Charles J. Hynes, District Attorney for Kings County, Leonard Joblove, Victor Barall, Assistant District Attorneys, Brooklyn, NY, Richard A. Brown, District Attorney for Queens County, John M. Castellano, Assistant District Attorney, Kew Gardens, NY, Eliot Spitzer, Attorney General for the State of New York, Valerie Singleton, Assistant Attorney General, New York, NY, on the brief), for Respondents-Appellees.

Before KEARSE, STRAUB, and SACK, Circuit Judges.

KEARSE, Circuit Judge.

The petitioners in these 16 consolidated appeals, who are New York State ("State") prisoners seeking vacatur of their convictions for various crimes, appeal from judgments entered in the United States District Court for the Eastern District of New York, denying their petitions for writs of habeas corpus under 28 U.S.C. § 2254. In most of these cases, the district judge to whom the action was assigned denied the petition in an order adopting...

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