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GARBUTT v. CONWAY

Docket No. 10-1039-pr.

668 F.3d 79 (2012)

Milton GARBUTT, Petitioner-Appellant, v. James T. CONWAY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 9, 2012.

Attorney(s) appearing for the Case

Jeremy Gutman , New York, NY, for Petitioner-Appellant.

Rafael A. Curbelo , Assistant District Attorney ( Joseph N. Ferdenzi and Nancy D. Killian , Assistant District Attorneys, on the brief), for Robert T. Johnson , District Attorney, Bronx County, Bronx, NY, for Respondent-Appellee.

Before: HALL, LYNCH, and CHIN, Circuit Judges.

PER CURIAM:

Petitioner-appellant Milton Garbutt was convicted in New York state court of second-degree murder on a theory of depraved indifference to human life in violation of New York Penal Law § 125.25[2]. He appeals the judgment of the United States District Court for the Southern District of New York (Sidney H. Stein, J.) denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Garbutt contends that the evidence was insufficient...

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