Legal Opinion

Garson v. Perlman

District Court, E.D. New York

Decided January 2, 2008No. 07-cv-3197 (BMC)PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Petitioner, a former Justice of the New York Supreme Court, has filed this petition under 28 U.S.C. § 2254 seeking review of the state court’s order denying him bail pending appeal from his conviction. I find that there is no cognizable federal claim for denial of bail pending appeal under these circumstances and that petitioner has in any event failed to exhaust his state court remedies. The petition is therefore dismissed.

BACKGROUND

Following a jury trial, petitioner was convicted of one count of Bribe Receiving in the Third Degree and two…

2Cases cited43 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Estelle v. McGuireSupreme Court of the United States · 1991
  4. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  5. Gagnon v. ScarpelliSupreme Court of the United States · 1973

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3Cited by12 opinions

  1. Martin v. DiGuglielmoDistrict Court, W.D. Pennsylvania · 2008
  2. Hayon v. ReardonDistrict Court, E.D. New York · 2021
  3. Larell Campbell v. Superintendent, Yaphank Correctional Facility, and Letitia James, Attorney General of the State of New YorkDistrict Court, E.D. New York · 2026
  4. O'Neal v. The People of New York StateDistrict Court, E.D. New York · 2020
  5. Payne v. McIntoshDistrict Court, E.D. New York · 2022

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