RIVERA v. CUOMO

Docket No. 10-224-pr.

649 F.3d 132 (2011)

John RIVERA, Petitioner/Appellant, v. Andrew CUOMO, New York State Attorney General and Joseph Smith, Superintendent, Shawangunk Correctional Facility, Respondents/Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2011.


Attorney(s) appearing for the Case

William Carney , The Legal Aid Society, Criminal Appeals Bureau, New York, New York, for Appellant.

Charles J. Hynes ( Leonard Joblove and Seth M. Lieberman , Assistant District Attorneys), District Attorney, Kings County, Brooklyn, New York, for Respondents-Appellees.

Before: McLAUGHLIN, POOLER, B.D. PARKER, Circuit Judges.


McLAUGHLIN, Circuit Judge:

Petitioner-Appellant John Rivera ("Rivera") was convicted on September 19, 1997, of one count of depraved indifference murder in violation of New York Penal Law § 125.25(2) after his estranged wife died from a single gunshot wound to the head at point-blank range. In December 2003, the Appellate Division rejected Rivera's direct appeal, People v. Rivera, 2 A.D.3d 884, 769...

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