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DRAKE v. PORTUONDO

Docket No. 06-1365-pr.

553 F.3d 230 (2009)

Robie J. DRAKE, Petitioner-Appellant, v. L.A. PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2009.

Attorney(s) appearing for the Case

Sally Wasserman, New York, NY, for Petitioner-Appellant.

Thomas H. Brandt, Assistant District Attorney (Matthew J. Murphy, Niagara County District Attorney, on the brief) Lockport, NY, for Respondent-Appellee.

Before: JACOBS, Chief Judge, KEARSE, and POOLER, Circuit Judges.

POOLER, Circuit Judge:

Robie J. Drake appeals from a judgment of the United States District Court for the Western District of New York (Elfvin, J.), on remand, denying a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Drake is currently incarcerated for his 1982 conviction, after a jury trial, in New York State Supreme Court, Niagara County, on two counts of second degree murder for the shooting of a young couple...

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