People Ex Rel. Maula v. Freckleton

OPINION AND ORDER

EDELSTEIN, District Judge:

Petitioner Kenneth Maula (“Maula” or “Petitioner”) seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner claims that his conviction on a gun charge in Supreme Court of the State of New York is invalid under the double jeopardy clause of the United States Constitution. For the reasons stated below, the writ of habeas corpus is denied.

BACKGROUND

This case arises out of the fatal shooting of Dr. Louis DeBellis on July 18, 1985. Petitioner, who was ultimately indicted and convicted on a charge connected with this death, had known DeBellis…