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ORTIZ v. N.Y.S. PAROLE IN BRONX, N.Y.

Docket No. 07-2299-pr.

586 F.3d 149 (2009)

Abel ORTIZ, Petitioner-Appellant, v. N.Y.S. PAROLE IN BRONX, N.Y., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 10, 2009.

Attorney(s) appearing for the Case

Susan D. Fitzpatrick, Law Offices of Susan D. Fitzpatrick, Esq., Red Hook, N.Y., for Petitioner-Appellant.

Jodi A. Danzig, Assistant Attorney General (Barbara D. Underwood, Solicitor General, Roseann B. MacKechnie, Deputy Solicitor General for Criminal Matters, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, N.Y., for Respondent-Appellee.

Before: KEARSE, SACK, and LIVINGSTON, Circuit Judges.

DEBRA ANN LIVINGSTON, Circuit Judge:

Petitioner Abel Ortiz ("Ortiz") appeals from the decision of the United States District Court for the Southern District of New York (Preska, J.), denying his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After a jury trial in New York State Supreme Court, New York County (Fried, J.), Ortiz was convicted of seven counts of riot in the first degree, in violation of N.Y. Penal Law § 240.06, and seven...

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