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ROSARIO v. ERCOLE

No. 05 Civ. 8072(PKC).

582 F.Supp.2d 541 (2008)

Richard ROSARIO, Petitioner, v. Superintendant Robert ERCOLE, Respondent.

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

October 22, 2008.

Attorney(s) appearing for the Case

Carl Hanline Loewenson, Jr., Jodi Kim Miller, Morrison & Foerster LLP, Jin Hee Lee, NAACP Legal Defense & Educational Fund, Inc., New York, NY, Petitioner.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

Following a jury trial in the New York Supreme Court, Bronx County, petitioner Richard Rosario was convicted of one count of murder in the second degree under New York Penal Law Section 125.25. The trial court sentenced Rosario to a term of imprisonment of 25 years to life, pursuant to which he currently is incarcerated. He directly appealed his judgment and conviction to the New York Supreme Court...

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