Delvalle v. Herbert

*647SUMMARY ORDER

The issues presented on this appeal have been the subject of Opinions filed by the Supreme Court of New York, Appellate Division, First Department, and the Court of Appeals of New York, reported at People v. Delvalle, 248 A.D.2d 126, 670 N.Y.S.2d 827 (1st, 1998), and People v. Delvalle, 92 N.Y.2d 896, 680 N.Y.S.2d 60, 702 N.E.2d 845 (1998), respectively, an unreported Report and Recommendation submitted to the District Court by Magistrate Judge Henry Pitman on July 3, 2002, and an Opinion and Order issued by the District Court and reported at Delvalle v. Herbert, 99 Civ. 8819,…