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MORALES v. PORTUONDO

Nos. 97 CIV. 2559(DC), 97 CIV. 3336(DC).

165 F.Supp.2d 601 (2001)

Jose MORALES, Petitioner, v. Leonardo PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent. Ruben Montalvo, Petitioner, v. Leonardo Portuondo, Superintendent, Shawangunk Correctional Facility, Respondent.

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

September 27, 2001.

Attorney(s) appearing for the Case

Randa D. Maher, Esq., Great Neck, NY, Jeffrey G. Pittell, Esq., New York City, for Petitioners.

Robert T. Johnson, Esq., District Attorney, Bronx County, By Anthony J. Girese, Esq., Nancy D. Killian, Esq., Cheryl D. Harris, Esq., Assistant District Attorneys, Bronx, NY, for Respondent.

OPINION

CHIN, District Judge.

In these related cases, petitioners Jose Morales and Ruben Montalvo challenge their 1988 convictions for the murder of Jose Antonio Rivera. By Opinion dated July 24, 2001 (the "Opinion"), I concluded that Morales's due process rights were violated when the trial court declined to order a new trial in the face of evidence that another individual had confessed to participating in the murder and exonerated Morales and Montalvo...

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