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FRIEDMAN v. REHAL

Docket No. 08-0297-pr.

618 F.3d 142 (2010)

Jesse FRIEDMAN, Petitioner-Appellant, v. Joe REHAL, Parole Officer, Robert Dennison, Chairman of the New York State Division of Parole, and Andrew Cuomo, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2010.

Attorney(s) appearing for the Case

Jennifer Bonjean (Ronald L. Kuby, David Pressman, on the brief), Law Offices of Ronald L. Kuby, New York, N.Y., for Petitioner-Appellant.

Judith R. Sternberg, Assistant District Attorney (Kathleen M. Rice, District Attorney, Peter A. Weinstein, Assistant District Attorney of Counsel, on the brief), Nassau County, N.Y., for Respondents-Appellees.

Before POOLER and RAGGI, Circuit Judges, and KORMAN, District Judge.

EDWARD R. KORMAN, District Judge:

This is an appeal from the denial of a writ of habeas corpus in a case in which petitioner who pled guilty seeks habeas corpus relief on the ground that exculpatory evidence was withheld from him. Because his petition was not filed timely, he also argues that his failure to do so should be excused on the ground that he is actually innocent. We affirm the judgment of the United States District Court for the Eastern District of New...

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