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SANTORELLI v. COWHEY

No. 00 CIV. 8292 BDP.

124 F.Supp.2d 853 (2000)

Anthony SANTORELLI, Petitioner, v. James R. COWHEY, Justice of the Supreme Court of the State of New York, Rocco A. Pozzi, Commissioner, Department of Corrections, Westchester County, New York, and Eliot L. Spitzer, Attorney General, New York, Respondents.

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

December 8, 2000.

Attorney(s) appearing for the Case

Diarmuid White, New York City, for Petitioner.

Joseph M. Latino, Office of the District Attorney, White Plains, NY, for Respondents.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

Anthony Santorelli filed this Petition for a writ of habeas corpus challenging his 1998 conviction on charges of tampering with physical evidence. For the reasons set forth below, the Petition is denied.

BACKGROUND

Petitioner was tried in Supreme Court, Westchester County on four counts of tampering with physical evidence, namely, the bloody clothing worn by the killers of Louis Balancio...

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