Policano v. Herbert

SACK, Circuit Judge:

I

David Policano, acting pro se, brought this application for habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Eastern District of New York. He sought relief from his conviction in New York Supreme Court, Kings County, of depraved indifference murder under N.Y. Penal Law § 125.25(2). The conviction had been affirmed in the state courts by the Appellate Division. People v. Policano, 277 A.D.2d 331, 715 N.Y.S.2d 880 (2d Dep’t 2000). His application for permission to appeal that decision to the New York Court of Appeals had been denied. People…