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SORTO v. HERBERT

Docket No. 05-0728-pr.

480 F.3d 609 (2007)

Valentin SORTO, Petitioner-Appellant, v. Victor HERBERT, Superintendent of the Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 9, 2007.

Attorney(s) appearing for the Case

Monica A. Jacobson, New York, NY, for Petitioner-Appellant.

Denise Palvides, Assistant District Attorney for Nassau County (Kathleen M. Rice, District Attorney for Nassau County, Peter A. Weinstein, Assistant District Attorney for Nassau County, of counsel), Mineola, NY, for Respondent-Appellee.

Before JACOBS, Chief Judge, POOLER, WESLEY, Circuit Judges.

Judge POOLER dissents in a separate opinion.

DENNIS JACOBS, Chief Judge.

Petitioner Valentin Sorto, convicted of murder and related offenses in New York state court, petitions for a federal writ of habeas corpus on the ground that the state courts unreasonably misapplied Batson v. Kentucky, 476 U.S. 79, 97-98, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and its progeny. During jury selection, Sorto twice asserted that...

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