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BRILL v. SUPERINTENDENT, ONEIDA CORRECTIONAL FAC.

No. 03-CV-0190 (ADS).

277 F.Supp.2d 205 (2003)

Daniel BRILL, Petitioner, v. SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY, Respondent.

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

August 20, 2003.

Attorney(s) appearing for the Case

Sanford Meltzer, Esq., Meltzer Law Offices, Syracuse, NY, for Petitioner.

Denis Dillon, Nassau County District Attorney by John F. McGlynn, Assistant District Attorney, Mineola, NY, for Respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Daniel Brill ("Petitioner" or "Brill") petitions for a writ of habeas corpus from his 1995 conviction in state court, pursuant to 28 U.S.C. § 2254.

UNDERLYING FACTS AND PROCEDURAL HISTORY

On February 28, 1994, the Petitioner was home alone with his live-in companion's six-year old daughter, Monique. Evidence at the trial established that the Petitioner sexually abused...

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