Miller v. Portuondo

ORDER

GERSHON, District Judge.

Petitioner was convicted after a jury trial in New York State Supreme Court, Kings County (Hall, J.), of two counts of Murder in the Second Degree in violation of N.Y.Penal Law § 125.25(1). Petitioner appealed his conviction to the Appellate Division, Second Department, raising claims that evidence of uncharged criminal activity had been improperly admitted and that petitioner’s sentence was excessive. On November 13, 1995, the Appellate Division affirmed petitioner’s conviction. People v. Miller, 221 A.D.2d 477, 633 N.Y.S.2d 811 (2d Dept.1995). On January 5,…