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BIERENBAUM v. GRAHAM

Docket No. 08-1375-pr.

607 F.3d 36 (2010)

Robert BIERENBAUM, Petitioner-Appellant, v. Harold D. GRAHAM, The Superintendent of Auburn Correctional Facility, Andrew Cuomo, Attorney General State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 25, 2010.

Attorney(s) appearing for the Case

Marcia J. Silvers, Marcia J. Silvers, P.A., Miami, FL, and Mark D. Seiden, Mark Seiden, P.A., Miami, FL, for Petitioner-Appellant.

Mark Dwyer, Assistant District Attorney, on behalf of Robert M. Morgenthau, District Attorney, New York County, New York, NY, for Respondents-Appellees.

CALABRESI, Circuit Judge, filed a concurring opinion.

SESSIONS, District Judge:

Petitioner-Appellant Robert Bierenbaum was convicted after a jury trial of murder in the second degree, see N.Y. Penal Law § 125.25[1], and sentenced to a term of imprisonment of twenty years to life. Currently incarcerated, Bierenbaum appeals from the February 26, 2008 judgment of the United States District Court for the Southern District of New York (Sweet, J.) that denied his...

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