Legal Opinion

Rivera v. Cuomo

Court of Appeals for the Second Circuit

Decided August 9, 2011No. Docket 10-224-prPublishedCited by 1 opinion

1Opinion of the Court

McLAUGHLIN, Circuit Judge:

Petitioner-Appellant John Rivera (“Rivera”) was convicted on September 19, 1997, of one count of depraved indifference murder in violation of New York Penal Law § 125.25(2) after his estranged wife died from a single gunshot wound to the head at point-blank range. In December 2003, the Appellate Division rejected Rivera’s direct appeal, People v. Rivera, 2 A.D.3d 884, 769 N.Y.S.2d 738 (2d Dep’t 2003), and, on April 14, 2004, the New York Court of Appeals denied Rivera leave to appeal to that court, People v. Rivera, 2 N.Y.3d 764, 778 N.Y.S.2d 783, 811 N.E.2d 45…

2Cases cited28 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
  4. People v. SuarezNew York Court of Appeals · 2005
  5. People v. RegisterNew York Court of Appeals · 1983

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3Cited by1 opinion

  1. Evans v. FischerDistrict Court, E.D. New York · 2011

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