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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.

322 F.3d 168 (2003)

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.

Decided: February 26, 2003.

Attorney(s) appearing for the Case

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

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

Before: KEARSE, STRAUB, and SACK, Circuit Judges.

KEARSE, Circuit Judge.

These 16 appeals are pursued by 14 New York State ("State") prisoners whose petitions for writs of habeas corpus under 28 U.S.C. § 2254 were denied in orders of the United States District Court for the Eastern District of New York adopting the reasons stated by the State appellate court in affirming the respective petitioners' convictions and the reasons proffered by the State in opposing the habeas...

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