Deberry v. Spitzer et al
||November 9, 2005
||US District Court for the Eastern District of New York
||Robert M. Levy
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|May 21, 2012
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed the objections to Magistrate Judge Levy's Report & Recommendation dated February 17, 2011 33 I adopt the Report in its entirety and deny the petition for a writ of habeas corpus. As Judge Levy describes, petitioner's Sixth Amendment right to present a defense was not violated where the witness, Mr. Velasquez, was known to defense counsel, who chose not to call him for tactical reasons. Treating the claim as a challenge to t he trial court's ruling on the state motion to vacate the conviction, I agree with Judge Levy's analysis at footnote 3 of his Report & Recommendation. The objections to the other portions of the R&R are also without merit. Because petition er has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253. The Clerk of Court is directed to enter judgment for respondent. Ordered by Senior Judge Nina Gershon on 5/17/2012. (fwd for judgment) (Fernandez, Erica)
|March 30, 2011
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations; The Report and Recommendation ("R&R") of Magistrate Judge Robert M. Levy, dated February 17, 2011, to which no objections have been filed, has been reviewed for clear error. Having found no such error and noting that Judge Levy has fully dealt with every issue raised, the R&R is adopted in its entirety, and the petition for writ of habeas corpus is DENIED in its entirety. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253. So ordered by Senior Judge Gershon, dated 3/29/11. (fwd for judgment) (Fernandez, Erica)
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