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ROSARIO v. ERCOLE

Docket No. 08-5521-pr.

601 F.3d 118 (2010)

Richard ROSARIO, Petitioner-Appellant, v. Supt. Robert ERCOLE, Green Haven Correctional Facility, Attorney General Eliot Spitzer, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 12, 2010.

Attorney(s) appearing for the Case

Jodi K. Miller, Morrison & Foerster, LLP, New York, N.Y. (Carl H. Loewenson, Morrison & Foerster, LLP, New York, NY, and Jin Hee Lee, NAACP Defense and Education Fund, Inc., on the brief), for Petitioner-Appellant.

Joseph N. Ferdenzi, Assistant District Attorney, Bronx, N.Y. (Christopher J. Blira-Koessler, Assistant District Attorney, Bronx, NY, for Robert T. Johnson, District Attorney, Bronx County), for Respondents-Appellees.

Before: CABRANES, STRAUB, WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

This case requires us to examine New York law and analyze one sentence in a New York Court of Appeals opinion that has troubled our circuit since its publication.

Background

On June 19, 1996, George Collazo was shot and killed in the Bronx while walking with his friend Michael Sanchez. The daytime shooting followed an argument sparked by Collazo's racial epithet to two men as he and Sanchez passed them. Sanchez later identified...

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