Page v. Spitzer

*843SUMMARY ORDER

Petitioner-Appellant Dale Page, who is presently incarcerated on a New York State conviction for grand larceny in the fourth degree, see N.Y. Penal Law § 155.30[4], and serving a term of 15 years to life imprisonment as a “persistent felony offender,” N.Y. C.P.L. § 400.20, appeals from the district court’s denial of a writ of habeas corpus, see 28 U.S.C. § 2254. We assume familiarity with the record of proceedings in the federal and state courts.

Page asserts that he was deprived of due process by the prosecutor’s vindictive efforts to have him sentenced as a persistent felony…