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ACOSTA v. ARTUZ

Docket No. 05-4196-pr.

575 F.3d 177 (2009)

Victor ACOSTA, Petitioner-Appellant, v. C. ARTUZ, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2009.

Attorney(s) appearing for the Case

Monica R. Jacobson, New York, NY, for Petitioner-Appellant.

Morgan J. Dennehy (Leonard Joblove, Victor Barall, on the brief), on behalf of Charles J. Hynes, District Attorney, Kings County, Brooklyn, NY, for Respondent-Appellee.

Before: WALKER, CABRANES, and RAGGI, Circuit Judges.

REENA RAGGI, Circuit Judge:

Petitioner Victor Acosta was convicted after a jury trial on one count of murder in the second degree on a theory of felony murder. See N.Y. Penal Law § 125.25[3]. Presently incarcerated serving an indeterminate prison term of twenty-four years to life, Acosta appeals from the July 20, 2005 judgment of the United States District Court for the Eastern District of New York (David G. Trager, Judge), which denied his petition...

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