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REYES v. GREINER

No. 01-CV-7150ERKLB.

340 F.Supp.2d 245 (2004)

Franklin REYES, Petitioner, v. Charles GREINER, Superintendent Green Haven Correctional Facility, Respondent.

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

September 15, 2004.

Attorney(s) appearing for the Case

Franklin Reyes, Stormville, NY, Pro Se.

Lawrence F. Ruggiero, Law Offices of Lawrence F. Ruggiero, New York City, for Petitioner.

Emil Bricker, Assistant District Attorney of Queens County, John Michael Castellano, Johnnette Traill, Mina Malik, Kew Gardens, NY, for Respondent.

CORRECTED MEMORANDUM & ORDER

KORMAN, Chief Judge.

In the pre-dawn hours of July 24, 1993, petitioner Franklin Reyes and two accomplices attempted to rob a grocery store. During the attempted robbery, one of petitioner's accomplices shot three individuals. The store's manager, George Poulopoulos, died from a gunshot wound to the abdomen. Jesus and Fernando Jiminez, who worked for Mr. Poulopoulos, were also shot. Jesus was shot in the abdomen and...

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