COX v. DONNELLY

Nos. 99-CV-8216 (JBW), 03-MISC-0066 (JBW).

267 F.Supp.2d 418 (2003)

Rodney COX (95-A-0751), Petitioner, v. Edward R. DONNELLY, Superintendent of Wende Correctional Facility; and Eliot Spitzer, New York State Attorney General, Respondents.

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

June 12, 2003.


Attorney(s) appearing for the Case

Vered Adoni, District Attorney's Office, Queens County, John M. Castellano, District Attorney, Queens County, Kew Gardens, NY, for Respondents.

Natalie Rea, The Legal Aid Society, Brooklyn, NY, for Petitioner.


JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

A hearing was held in this matter. Petitioner's counsel was present in person and petitioner was present by telephone. The petition for a writ of habeas corpus is granted.

I. Facts and Procedural History

The following recitation of the facts of the case is based primarily upon the opinion of the New York Court of Appeals affirming petitioner's conviction for second degree murder.

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