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ORLANDO v. NASSAU COUNTY DIST. ATTORNEY'S OFFFICE

No. 17-2390. August Term, 2017.

915 F.3d 113 (2019)

Mark ORLANDO, Petitioner-Appellant, v. NASSAU COUNTY DISTRICT ATTORNEY'S OFFICE, Respondent-Appellee.,

United States Court of Appeals, Second Circuit.

Decided: February 11, 2019.

Attorney(s) appearing for the Case

JANE SIMKIN SMITH , Millbrook, NY, for Petitioner-Appellant.

SARAH S. RABINOWITZ , ASSISTANT DISTRICT ATTORNEY ( Tammy J. Smiley , Assistant District Attorney, on the brief), for Madeline Singas , Nassau County District Attorney, Mineola, New York, for Respondent-Appellee.

Judge SHEA dissents in a separate opinion.

On Friday night, December 3, 2004, at approximately 8:45 p.m., in response to a 911 call, police officers from the Long Beach, New York, police department found the body of Bobby Calabrese.3 Calabrese was lying face down next to his Infiniti automobile, which was still running. He had been shot...

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