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RIVERA v. CONWAY

No. 04 Civ. 347(DC).

350 F.Supp.2d 536 (2004)

Gilbert RIVERA, Petitioner, v. James CONWAY, Superintendent, Attica Correctional Facility, Respondent.

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

December 28, 2004.

Attorney(s) appearing for the Case

Gilbert Rivera, Attica Correctional Facility, Attica, NY, for Petitioner Pro Se.

Robert Morgenthau, Esq., District Attorney for New York County by Susan Gliner, Esq., Assistant District Attorney, New York, NY, for Respondent.

OPINION

CHIN, District Judge.

Pro se petitioner Gilbert Rivera brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted on July 19, 1996, after a jury trial in the Supreme Court of the State of New York, New York County, of murder in the second degree. He was sentenced on September 10, 1996 to a term of imprisonment of 25 years to life.

Petitioner contests his conviction on the following...

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