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HOLLAND v. DONNELLY

No. 02-2358.

324 F.3d 99 (2003)

Darryl HOLLAND, Petitioner-Appellant, v. Edward R. DONNELLY, Superintendent, Wende Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 31, 2003.

Attorney(s) appearing for the Case

Salvatore A. Gaetani (Stephen J. Pittari, of counsel), Legal Aid Society of Westchester County, White Plains, NY, for Appellant.

Edward D. Saslaw, Assistant District Attorney (Robin, Lamont, Joseph M. Latino, Assistant District Attorneys, Jeanine Pirro, District Attorney, on the brief), Westchester County District Attorney's Office, White Plains, NY, for Appellee.

Before: OAKES, MESKILL, and CABRANES, Circuit Judges.

PER CURIAM.

We consider in this appeal of the denial of a petition for a writ of habeas corpus, 28 U.S.C. § 2254, an equal protection challenge to New York's sentencing procedures in N.Y. Criminal Procedure Law ("C.P.L.") § 400.27.1 Petitioner asserts that the procedures arbitrarily permit defendants for whom the death penalty is sought to be sentenced to life imprisonment without parole...

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