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QUARTARARO v. HANSLMAIER

No. 94-CV-5564 (JS).

28 F.Supp.2d 749 (1998)

Michael QUARTARARO, Petitioner, v. Robert HANSLMAIER, Superintendent, Woodbourne Correctional Facility, Respondent.

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

November 30, 1998.

Attorney(s) appearing for the Case

Henriette D. Hoffman, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Petitioner.

James M. Catterson, Jr., District Attorney of Suffolk County by Steven A. Hovani, Assistant District Attorney, Riverhead, NY, for Respondent.

MEMORANDUM AND ORDER

SEYBERT, District Judge.

Petitioner Michael Quartararo petitions the Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking to set aside his conviction for the 1979 murder of thirteen year-old John Pius. The initial charges alleged that Petitioner, along with his older brother Peter Quartararo, Thomas Ryan, and Robert Brensic, murdered Pius by shoving rocks down Pius' throat, ultimately suffocating him. After...

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