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WHITLEY v. ERCOLE

No. 06 Civ. 10198(AKH).

725 F.Supp.2d 398 (2010)

Darryl WHITLEY, Petitioner, v. Robert E. ERCOLE, Superintendent, Green Haven Correctional Facility, Respondent.

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

July 22, 2010.

Attorney(s) appearing for the Case

Barry Robert Ostrager , Juan Alberto Arteaga , Simpson Thacher & Bartlett LLP, New York, NY, for Petitioner.

Dana Renee Poole , New York, NY, for Respondent.

ORDER AND OPINION GRANTING WRIT OF HABEAS CORPUS

ALVIN K. HELLERSTEIN, District Judge.

On November 2, 1981, Dr. John Chase Wood, a young doctor at Columbia Presbyterian Hospital in Manhattan, was shot and killed as he walked to work. Thirteen years later, Darryl Whitley, the Petitioner, and Patrick McDowell were identified by jailhouse informants as the killers of Dr. Wood. Whitley and McDowell were tried separately in state court, but each jury was...

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