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HOFFLER v. BEZIO

No. 9:11-CV-0396 (TJM).

831 F.Supp.2d 570 (2011)

Michael HOFFLER, Petitioner, v. Norman R. BEZIO, Superintendent of Great Meadow Correctional Facility, Eric T. Schneiderman, Attorney General of the State of New York, Respondents.

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

November 17, 2011.

Attorney(s) appearing for the Case

Office of Raymond A. Kelly, of Counsel, Raymond A. Kelly, Esq. , Albany, NY, for the Petitioner.

Eric T. Schneiderman , of Counsel, Lisa E. Fleischmann, Esq. , Assistant Attorney General, Office of the Attorney General, State of New York, New York, NY, for the Respondent.

MEMORANDUM-DECISION AND ORDER

THOMAS J. McAVOY, Senior District Judge.

I. BACKGROUND

A. State Court Proceedings

On March 19, 2004, a Rensselaer County Grand Jury charged petitioner Michael Hoffler with two counts of Murder in the First Degree, contrary to New York Penal Law ("Penal Law") §§ 125.27(1)(a)(v)(b) and 125.27(1)(a)(vi)(b) (witness-elimination murder; contract killing); Murder in the...

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