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FERRER v. SUPERINTENDENT

No. 9:05-CV-1010 (NAM).

628 F.Supp.2d 294 (2008)

Alex FERRER, Petitioner, v. SUPERINTENDENT, Respondent.

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

July 25, 2008.

Attorney(s) appearing for the Case

Alex Ferrer, Pine City, NY, pro se.

Hon. Andrew Cuomo, Office of the Attorney General, State of New York, Frederick H. Wen, Esq., Assistant Attorney General, of Counsel, New York, NY, for Respondent.

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, Chief Judge.

I. Background

A. State Court Proceedings

The state court records reflect that at approximately 2:30 a.m. on August 21, 2001, Margaret Frost was awoken by an ambulance outside her home in Binghamton, New York. See Transcript of Suppression Hearing (4/17/02) ("Suppression Tr.") at pp. 28-29. As she woke up, she noticed an individual...

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