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LOPEZ v. MILLER

No. 02-CV-3988 (NGG)(LB).

915 F.Supp.2d 373 (2013)

William LOPEZ, Petitioner, v. David L. MILLER, Superintendent, Eastern Correctional Facility, Respondent.

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

Order Issued March 20, 2013.

Attorney(s) appearing for the Case

Richard Ware Levitt, Yvonne Shivers, Levitt & Kaizer, New York, NY, for Petitioner.

Howard Barry Goodman, Phyllis Ruth Mintz, Brooklyn, NY, Kings County District Attorneys Office-Generic, New York State Attorney Generals Office-Generic, for Respondent.

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

The case of William Lopez began twenty-three years ago. It was rotten from day one.

In 1989, a man entered a crackhouse in Brooklyn and shot and killed a drug dealer named Elvirn Surria. Lopez was charged with murder for this shooting. After a jury trial before Justice Carolyn Demarest in New York Supreme Court, Lopez was convicted and sentenced to twenty-five years to life in prison. His...

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