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MARTINEZ v. SUPERINTENDENT OF E. CORR. FACILITY

No. 14-1513.

806 F.3d 27 (2015)

David MARTINEZ, Petitioner-Appellant, v. SUPERINTENDENT OF EASTERN CORRECTIONAL FACILITY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 10, 2015.

Corrected: November 12, 2015.

Attorney(s) appearing for the Case

Randolph Z. Volkell , Law Office of Randolph Z. Volkell, Merrick, N.Y., for Petitioner-Appellant.

Donald J. Berk , Assistant District Attorney, Nassau County ( Madeline Singas , District Attorney, Nassau County, Tammy J. Smiley , Assistant District Attorney, on the brief), Mineola, N.Y., for Respondent-Appellee.

Before: WALKER, JACOBS, and LIVINGSTON, Circuit Judges.

Petitioner-appellant David Martinez appeals from the decision of the United States District Court for the Eastern District of New York (Gershon, J.), denying his petition for a writ of habeas corpus. Although Martinez seeks to challenge his 2007 New York state conviction for

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