Docket No. 03-2595.

394 F.3d 68 (2005)

Salvador GALDAMEZ, Petitioner-Appellant, v. John P. KEANE, Warden, Superintendent of State Correctional Facility, Respondent-Appellee,

United States Court of Appeals, Second Circuit.

Decided: January 4, 2005.

Attorney(s) appearing for the Case

Daniel A. Hochheiser, Hochheiser & Hochheiser, New York, NY, for Petitioner-Appellant.

Andrea M. Digregorio, District Attorney's Office for Nassau County, Mineola, NY, for Respondent-Appellee.

Before: SACK, SOTOMAYOR, Circuit Judges and KAPLAN, District Court Judge.

SOTOMAYOR, Circuit Judge.

Petitioner-appellant Salvador Galdamez ("Galdamez") appeals from a denial of a petition for a writ of habeas corpus under 28 U.S.C. § 2254, filed on August 4, 2003, in the United States District Court for the Eastern District of New York. See Galdamez v. Keanne, Nos.2000-CV-4066, 03-MISC-0066, 2003 WL 21847382 (E.D.N.Y. Aug. 4, 2003) (Weinstein, J.). Respondent-appellee John Keane ("respondent" or "the state") contends that Galdamez...

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