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CUSTODIO v. DUNCANS

Nos. 99-CV-2561 (JBW), 03-MISC-0066 (JBW).

269 F.Supp.2d 40 (2003)

Jose CUSTODIO, Petitioner, v. George DUNCANS, Superintendent of Great Meadow Correctional Facility, Respondent.

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

June 11, 2003.

Attorney(s) appearing for the Case

Florence M. Sullivan, The Office of the District Attorney, Kings County, Diana Villanueva, Kings County D.A., Brooklyn, NY, Diana Villanueva, Kings County D.A., Brooklyn, NY, for Respondent.

JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

The petition for a writ of habeas corpus is denied for the reasons stated orally on the record at a hearing in this court at which petitioner was not present by telephone because he refused to make himself available. He was given the opportunity to be present. This memorandum briefly addresses petitioner's claim.

Petitioner was convicted of depraved indifference murder, second degree assault...

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