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DENIS v. UPSTATE CORRECTIONAL FACILITY

No. 03-2358.

361 F.3d 759 (2004)

Marvin DENIS, Petitioner-Appellant, v. UPSTATE CORRECTIONAL FACILITY, Clinton Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 19, 2004.

Attorney(s) appearing for the Case

Amy Adelson, Dershowitz, Eiger & Adelson, P.C. (Nathan Z. Dershowitz, on the brief), New York, NY., for Petitioner-Appellant.

Eric A. Johnson, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York (Nancy A. Spiegel, Senior Assistant Solicitor General, on the brief), for Respondent-Appellee.

Before: VAN GRAAFEILAND, LEVAL, CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

In 1999, Petitioner Marvin Denis ("Petitioner") was convicted in New York state court, after a jury trial, of murder in the second degree. He was sentenced to a term of imprisonment of twenty-five years to life. The New York Appellate Division affirmed his conviction, and review by the New York Court of Appeals was denied. On November 15, 2001, Petitioner filed a habeas petition pursuant to 28 U...

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