Legal Opinion

Hernandez v. Bartlett

District Court, E.D. New York

Decided August 10, 1992No. CV-90-4083Published

1Opinion of the Court

MEMORANDUM AND ORDER

GLASSER, District Judge:

Petitioner Pedro Hernandez brings this habeas corpus petition under 28 U.S.C. § 2254, seeking to have his New York state murder conviction vacated. For the reasons set forth below, his petition is denied.

On June 23, 1987, petitioner was convicted on two counts of second-degree murder (New York Penal Law §§ 125.25[1], [3]) following a jury trial. He thereafter received a sentence of two concurrent terms of incarceration of twenty-five years to life. Petitioner, who has exhausted his state appeals, alleges that “the prosecutor’s misconduct during his…

2Cases cited8 opinions

  1. United States v. Gaetano ModicaCourt of Appeals for the Second Circuit · 1981
  2. United States v. Eric J. MonaghanCourt of Appeals for the D.C. Circuit · 1984
  3. Michael Lindsey v. Fred Smith, Commissioner, Alabama Department of Corrections, J.D. White, Warden Holman UnitCourt of Appeals for the Eleventh Circuit · 1987
  4. Lawrence P. Strouse, Jr. v. Arthur A. Leonardo, as Superintendent of the Great Meadow Correctional FacilityCourt of Appeals for the Second Circuit · 1991
  5. Richard Olsen v. Gerald T. McFaul SheriffCourt of Appeals for the Sixth Circuit · 1988

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