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DINGLE v. MANCE

No. 08 Civ. 2044(SAS)(DFE).

716 F.Supp.2d 309 (2010)

John DINGLE, Petitioner, v. James MANCE, Superintendent, Marcy Correctional Facility, and Andrew M. Cuomo, Attorney General of the State of New York, Respondents.

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

May 18, 2010.

Attorney(s) appearing for the Case

Steven R. Berko, Esq. , Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner.

Christopher J. Blira-Koessler , Assistant District Attorney, District Attorney's Office, Bronx County, Bronx, NY, for Respondents.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. BACKGROUND

Represented by counsel, Petitioner John Dingle brings this habeas corpus petition, pursuant to 28 U.S.C. § 2254 ("section 2254"), to challenge his state-court conviction for depraved indifference murder—later reduced to manslaughter. During the jury trial before Justice Robert H. Straus of the New York Supreme...

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