HAJI v. MILLER

No. 05 CV 2490.

584 F.Supp.2d 498 (2008)

Abidali HAJI, Petitioner, v. David MILLER, Superintendent, Eastern Correctional Facility, Respondent.

United States District Court, E.D. New York.

October 24, 2008.


Attorney(s) appearing for the Case

Glenn Andrew Garber, Glenn Garber, PC, New York, NY, for Petitioner.

Alyson Gill, New York State Attorney Generals Office, JM Castellano, Ushir Pandit, Queens County District Attorneys Office, for Respondent.


MEMORANDUM & ORDER

DEARIE, Chief Judge.

Petitioner Abidali Haji and his co-defendant Rashid Khan seek a writ of habeas corpus under 28 U.S.C. § 2254, claiming that they committed the crime of conspiracy in the second degree under New York law only once, but were convicted and punished for having done so twice, and that this action of the state, although it was accomplished in only a single proceeding rather than successive trials, nonetheless violates...

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