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HENRY v. RICKS

Docket No. 07-4178-pr.

578 F.3d 134 (2009)

Lucas HENRY, Petitioner-Appellant, v. Thomas RICKS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 10, 2009.

Amended: August 10, 2009.

Attorney(s) appearing for the Case

Lisa E. Fleischmann, Assistant Attorney General (Andrew D. Cuomo, Attorney General, Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, on the brief), Office of the Attorney General of the State of New York, New York, NY, for Appellee Thomas Ricks.

Robert N. Isseks (Alex Smith, on the brief), Middletown, NY, for Appellant Lucas Henry.

Before MINER and JOSÉ A. CABRANES, Circuit Judges, and STEIN, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Petitioner-appellant Lucas Henry was convicted in 1997 in New York state court of one count of depraved indifference murder. See N.Y. Penal Law § 125.25(2). He now challenges an August 21, 2007 judgment of the United States District Court for the Northern District of New York (Gary L. Sharpe, Judge) denying his petition for a writ of habeas corpus pursuant to 28 U.S...

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