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QUARTARARO v. FOGG

No. 86 CV 2337 (ERK).

679 F.Supp. 212 (1988)

Michael QUARTARARO, Petitioner, v. Walter FOGG, Superintendent, Coxsackie Correctional Facility, et al., Respondents.

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

February 9, 1988.

Attorney(s) appearing for the Case

Barry Bassis, Phylis Skloot Bamberger, The Legal Aid Soc., Criminal Appeals Bureau, Federal Defender Services Unit, New York City, for petitioner.

Mark Cohen, Asst. Dist. Atty., Patrick Henry, Dist. Atty. of Suffolk County, Riverhead, N.Y., for respondents.

OPINION AND ORDER

KORMAN, District Judge.

I. INTRODUCTION

On April 20, 1979, John Pius, Jr. ("Pius"), a thirteen-year-old resident of Smithtown, New York, was murdered. Approximately seven months later, petitioner Michael Quartararo and his brother, Peter, were indicted and charged with Pius' murder.1 Petitioner and his brother were jointly tried, and following a six-week jury trial in the Suffolk County Court, both...

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