Ferrer v. Superintendent
District Court, N.D. New York
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
NORMAN A. MORDUE, Chief Judge.
I. Background
A. State Court Proceedings
The state court records reflect that at approximately 2:30 a.m. on August 21, 2001, Margaret Frost was awoken by an ambulance outside her home in Binghamton, New York. See Transcript of Suppression Hearing (4/17/02) (“Suppression Tr.”) at pp. 28-29. As she woke up, she noticed an individual standing in her bedroom, approximately ten feet away from her. Id. at p. 29. When she confronted him, he put a jacket over his head and flashed a light in her eyes. Id. at pp. 29-30. She then informed him that…
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