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McCRAY v. CAPRA

No. 18-2336 August Term 2020.

45 F.4th 634 (2022)

Terence Sandy MCCRAY, Petitioner-Appellant, v. Michael CAPRA, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 17, 2022.

Attorney(s) appearing for the Case

Jonathan I. Edelstein , Edelstein & Grossman, New York, NY, for Petitioner-Appellant.

Priscilla Steward , Assistant Attorney General ( Barbara D. Underwood , Solicitor General, and Nikki Kowalski , Deputy Solicitor General for Criminal Matters, on the brief), for Letitia James , Attorney General of the State of New York, New York, NY, for Respondent-Appellee.

Judge Jacobs dissents in a separate opinion.

Petitioner Terrence Sandy McCray appeals from a judgment of the United States District Court for the Northern District of New York (Singleton, J.) denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254, following his conviction in New York state court for first-degree rape. The underlying...

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