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MODESTE v. HORN

No. 06-CV-4584 (SJF).

499 F.Supp.2d 272 (2007)

Ronald MODESTE, Petitioner, v. Martin F. HORN, Commissioner, New York City Department of Probation and Andrew Cuomo, Attorney General of the State of New York, Respondents.

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

August 3, 2007.

Attorney(s) appearing for the Case

Alan S. Axelrod, New York, NY, for Petitioner.

New York State Attorney Generals Office, Queens County District Attorneys Office, Jodi A. Danzig, Office of the NY State Attorney General, New York, NY, for Respondents.

OPINION & ORDER

FEUERSTEIN, District Judge.

I. Introduction

On September 23, 2003, petitioner Ronald Modeste ("Petitioner") was convicted of one (1) count of assault in the third degree and one (1) count of harassment in the second degree after a bench trial in the Criminal Court of the City of New York, Queens County. He was subsequently adjudicated a youthful offender and sentenced to three (3) years of probation. He now seeks a writ of habeas...

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