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DRAKE v. PORTUONDO

Docket No. 01-2217.

321 F.3d 338 (2003)

Robie J. DRAKE, Petitioner-Appellant, v. L.A. PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 31, 2003.

Attorney(s) appearing for the Case

Sally Wasserman, New York, NY, for Petitioner-Appellant.

Thomas H. Brandt, Assistant District Attorney of Niagara County, Lockport, NY, (Matthew J. Murphy, III, District Attorney, on brief), for Respondent-Appellee.

Before: JACOBS, POOLER, Circuit Judges, BAER, District Judge.

JACOBS, Circuit Judge.

Robie J. Drake appeals from a judgment of the United States District Court for the Western District of New York (Elfvin, J.) denying a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 1982, Drake was convicted by a jury in New York State Supreme Court, Niagara County, on two counts of second degree murder for the shooting of a young couple in a parked car in an isolated area near a junkyard. The defense theory was that Drake...

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