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GARCIA v. PORTUONDO

No. 02 Civ. 2312(LAK).

459 F.Supp.2d 267 (2006)

Jose GARCIA, Petitioner, v. Leonard PORTUONDO, et al., Respondents.

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

December 21, 2006.

Attorney(s) appearing for the Case

Martin Klotz, Matthew Bosher, Stephen Vogel, Willie Farr & Gallagher, LLP, for Petitioner.

Nancy D. Killian, Assistant District Attorney, Robert T. Johnson, District Attorney for Bronx County, for Respondents.

OPINION

KAPLAN, District Judge.

Petitioner Jose Garcia was convicted in New York Supreme Court, Bronx County, in 1993 for the second-degree murder of Cesar Vasquez and sentenced principally to a term of imprisonment of 25 years to life. The conviction was affirmed by the First Department, and leave to appeal to the Court of Appeals was denied,1 as were motions in the state court...

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