Anthony Tamilio v. Walter Fogg, Superintendent, Eastern Correctional Facility, and Robert Abrams, Attorney General of New York

VAN GRAAFEILAND, Circuit Judge:

In 1977, appellee Anthony Tamilio and two co-defendants were convicted in New York State Supreme Court of two counts of felony murder, N.Y.Penal Law § 125.25(3) (McKinney 1975). Appellee’s conviction was affirmed by the Appellate Division, 63 A.D.2d 744, 405 N.Y.S.2d 284 (1978), and leave to appeal was denied by the New York Court of Appeals, 45 N.Y.2d 784, 409 N.Y.S.2d 1042, 381 N.E.2d 177 (1978). The United States Supreme Court denied certiorari. 443 U.S. 912, 99 S.Ct. 3102, 61 L.Ed.2d 876 (1979). On August 26,1982, the United States District Court for the…