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PALACIOS v. BURGE

No. 03-CV-6436 (FB).

470 F.Supp.2d 215 (2007)

David PALACIOS, Petitioner, v. John W. BURGE, Superintendent; Auburn Correctional Facility, and Eliot L. Spitzer, New York State Attorney General, Respondents.

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

January 18, 2007.

Attorney(s) appearing for the Case

Lawrence T. Hausman, Legal Aid Society Criminal Appeals Bureau, New York, NY, for the Petitioner.

Richard A. Brown, District Attorney, Queens Country by John M. Catellano, Jill A. Gross-Marks, Assistant District Attorneys, Kew Gardens, NY, for the Respondent.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge.

Petitioner, David Palacios ("Palacios"), was convicted in New York Supreme Court, Queens County, on one count of murder and one count of assault and sentenced to two consecutive indeterminate terms of imprisonment: twenty-five years to life for the murder conviction and eleven to twenty-two years for the assault conviction. He now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254...

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