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BAPTISTE v. ERCOLE

Civil Action No. 9:08-CV-00728 (TJM).

766 F.Supp.2d 339 (2011)

Malcolm BAPTISTE, Petitioner, v. Robert ERCOLE, Supt., Green Haven Correctional Facility, Respondent.

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

January 21, 2011.

Attorney(s) appearing for the Case

Office of Jonathan I. Edelstein, Jonathan I. Edelstein, Esq., of Counsel, New York, NY, for Petitioner.

Hon. Eric T. Schneiderman, Office of the Attorney General, Leilani J. Rodriguez, Esq., Ass't Attorney General, of Counsel, New York, NY, for Respondent.

DECISION AND ORDER

Hon. THOMAS J. McAVOY, Senior District Judge.

Petitioner Malcolm Baptiste is an inmate in the custody of the New York Department of Correctional Services ("DOCS"). He was convicted by a jury in Schenectady County Court of two counts of second degree murder (N.Y. PENAL LAW § 125.25(2)) and second degree criminal possession of a weapon (N.Y. PENAL LAW § 265.03) and was sentenced to serve an aggregate term of fifty years...

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