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LEKA v. PORTUONDO

No. CIV.A. 97-CV-2061 (DGT).

76 F.Supp.2d 258 (1999)

Sami LEKA, Petitioner, v. Leonardo PORTUONDO, Superintendent Shawangunk Correctional Facility, Respondent.

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

Memorandum on Reconsideration December 30, 1999.

Attorney(s) appearing for the Case

Sami Leka, Wallkill, NY, Pro se.

Michael S. Sommer, McDermott, Will & Emery, New York City, for Petitioner.

Charles J. Hynes Kings County District Attorney by Michael Gore, Brooklyn, NY, for Respondent.

REVISED MEMORANDUM AND ORDER

TRAGER, District Judge.

Petitioner Sami Leka is currently in the custody of New York State prison officials pursuant to a 1990 conviction on second degree murder and weapons charges. Asserting actual innocence, Leka petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 claiming that the police investigation and state court proceedings leading to his conviction violated his rights under the...

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