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DALLIO v. SPITZER

Docket No. 01-2718.

343 F.3d 553 (2003)

Thomas DALLIO, Petitioner-Appellant, v. Eliot L. SPITZER, New York State Attorney General, Michael McGinnis, Superintendent, Southport Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2003.

Attorney(s) appearing for the Case

William B. Carney, Legal Aid Society, Criminal Appeals Bureau, Brooklyn, New York, for Petitioner-Appellant.

Lisa Drury, Assistant District Attorney, for Richard A. Brown, District Attorney for Queens County (John M. Castellano, Assistant District Attorney, of counsel), Kew Gardens, New York, for Respondents-Appellees.

Before: NEWMAN, KATZMANN, and RAGGI, Circuit Judges.

Judge KATZMANN concurs with a separate opinion.

REENA RAGGI, Circuit Judge.

Petitioner-Appellant Thomas Dallio is a New York State prisoner, serving a term of twenty-two years to life imprisonment as a result of his November 13, 1995 guilty plea to two counts of murder in the second degree, one for intentional murder, N.Y. Penal Law § 125.25[1], and one for felony murder, N.Y. Penal Law § 125.25[3]; one...

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