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WHITLEY v. ERCOLE

No. 06 Civ. 10198(AKH).

965 F.Supp.2d 344 (2013)

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

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

July 9, 2013.

Attorney(s) appearing for the Case

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

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

ORDER AND OPINION DENYING WRIT OF HABEAS

ALVIN K. HELLERSTEIN, District Judge:

Petitioner Darryl Whitley seeks a writ of habeas corpus on the ground that his trial counsel was constitutionally deficient in failing to request that the trial court admit into evidence the recantation of one of the prosecution's witnesses. Whitley presented the same claim to the New York courts, which held in 2007 and again in 2009 that Whitley's trial counsel had not...

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