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ROWE v. MILLER

No. 02 Civ.2898(LAK).

299 F.Supp.2d 231 (2004)

Michael ROWE, Petitioner, v. David MILLER, Respondent.

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

January 14, 2004.

Attorney(s) appearing for the Case

John P. Cooney, Jr., Andrew R. Polland, Davis, Polk & Wardwell, New York City, for Petitioner.

Eli R. Koppel, Assistant District Attorney, Robert M. Morgenthau, District Attorney of New York County, for Respondent.

MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner pleaded guilty in New York Supreme Court, New York County, to murder and criminal possession of a weapon, both in the second degree. Prior to sentencing, he moved to to withdraw the plea, claiming that he had been misinformed as to the amount of time he actually would have to serve and his ability to renege his plea and that he was innocent. He then was...

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