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PETRONIO v. WALSH

No. 09-CV-341 (ADS).

736 F.Supp.2d 640 (2010)

Mark PETRONIO, Petitioner, v. James WALSH, Superintendent, Respondent.

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

September 14, 2010.

Attorney(s) appearing for the Case

Jonathan I. Edelstein, Esq., New York, N.Y., for Petitioner.

Kathleen Rice, Nassau County District Attorney, by Tammy J. Smiley, Assistant District Attorney, Margaret E. Mainusch, Assistant District Attorney, for Respondent.

Memorandum of Decision and Order

SPATT, District Judge.

Mark Petronio ("Petronio" or "the Petitioner") petitions this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, raising various challenges to his state court conviction for murder in the second degree, N.Y. Penal Law § 125.25(2) ("depraved indifference murder"). The Court finds that, in light of the New York Court of Appeals' reinterpretation of Section 125.25(2) in the...

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