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NOVA v. BARTLETT

No. 95 Civ. 10265 (CBM).

63 F.Supp.2d 449 (1999)

Ricardo NOVA, Petitioner, v. George BARTLETT, Superintendent at Elmira Correctional Facility, Respondent.

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

September 9, 1999.

Attorney(s) appearing for the Case

Peluso & Touger by David Touger and Michelle Flaxman, New York City, for petitioner.

District Attorney's Office for New York County by Donald J. Siewert, New York City, for respondent.

OPINION

MOTLEY, District Judge.

Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that his confession was obtained in an unconstitutional manner. Petitioner asserts that he was not given the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), prior to being subjected to a custodial interrogation. Petitioner further claims that his...

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