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ROA v. PORTUONDO

No. 02 Civ. 6116(PKC)(FM).

548 F.Supp.2d 56 (2008)

Rudy ROA, Petitioner, v. Leonard A. PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent.

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

April 22, 2008.

Attorney(s) appearing for the Case

Rudy Roa, Wallkill, NY, pro se.

Kenneth Alan Paul, Frank J.Loscalzo, Attorney at Law #300, Huntington, NY, for Rudy Roa.

Morrie I. Kleinbart, New York, NY, for Leonard A. Portuondo.

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION

P. KEVIN CASTEL, District Judge.

In January 1995, petitioner Rudy Roa was convicted of two counts of Second Degree Murder, one count of Second Degree Attempted Murder and two counts of First Degree Robbery after trial by jury in New York Supreme Court, New York County. In the aggregate, Roa was sentenced to thirty-three and one-third years to life in prison. Prior to sentencing Roa, the Honorable...

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