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HOLLAND v. DONNELLY

No. 01 Civ. 2292(GEL).

216 F.Supp.2d 227 (2002)

Darryl HOLLAND, Petitioner, v. Edward R. DONNELLY, Superintendent, Wende Correctional Facility, and Hon. Eliot Spitzer, Attorney General of the State of New York, Respondents.

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

May 14, 2002.

Attorney(s) appearing for the Case

Salvatore A. Gaetani (Stephen J. Pittari, on the brief), White Plains, NY, for Petitioner.

Robin Lamont, Assistant District Attorney (Jeanine Pirro, District Attorney of Westchester County, and Joseph M. Latino, Assistant District Attorney, on the brief), White Plains, NY, for Respondents.

OPINION AND ORDER

LYNCH, District Judge.

In this petition for habeas corpus, petitioner Darryl Holland challenges his conviction for first-degree murder and other crimes in the County Court, Westchester County (Hon. Mark C. Dillon, Judge), and resulting sentence of life imprisonment without parole. The evidence at trial, taken in the light most favorable to the prosecution, established that Holland murdered Philip Kaufman on August 30, 1996...

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