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SORTO v. HERBERT

No. 01-CV-2955 (ERK).

364 F.Supp.2d 240 (2004)

Valentin SORTO, Petitioner, v. Victor HERBERT, Superintendent, Respondent.

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

December 13, 2004.

Attorney(s) appearing for the Case

Valentin Sorto, Elmira, NY, pro se.

Tammy J. Smiley, Denise F. Pavlides, Mineola, NY, for Respondent.

MEMORANDUM AND ORDER

KORMAN, Chief Judge.

Valentin Sorto was convicted by a jury of murder in the second degree, assault in the second degree, and criminal possession of a weapon in the third degree for the stabbing of a member of a rival gang whom petitioner believed to be responsible for shooting a fellow gang member. The Appellate Division affirmed the conviction after holding that the proof of petitioner's guilt was legally sufficient and that the remainder...

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