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Besser v. Walsh

United States District Court, S.D. New York
Jun 22, 2005
No. 02 Civ. 6775 (LAK) (S.D.N.Y. Jun. 22, 2005)

Opinion

No. 02 Civ. 6775 (LAK).

June 22, 2005


ORDER


For the reasons set forth in the supplemental report and recommendation of Chief Magistrate Judge Andrew J. Peck, the petition for a writ of habeas corpus is denied.

Although this Court is bound by Brown v. Greiner, ___ F.3d ___, 2005 WL 1314429 (2d Cir. June 3, 2005), the question presented is a substantial one. Accordingly, this Court grants a certificate of appealability on the question whether New York's persistent felony offender statute violates the rule of Apprendi v. New Jersey, 530 U.S. 466 (2000), in order to permit petitioner to appeal to the Court of Appeals and, as seems likely, upon its affirmance of this order, to seek a writ of certiorari.

SO ORDERED.


Summaries of

Besser v. Walsh

United States District Court, S.D. New York
Jun 22, 2005
No. 02 Civ. 6775 (LAK) (S.D.N.Y. Jun. 22, 2005)
Case details for

Besser v. Walsh

Case Details

Full title:JAMES BESSER, a/k/a JAMES ZERILLI, Petitioner, v. JAMES WALSH…

Court:United States District Court, S.D. New York

Date published: Jun 22, 2005

Citations

No. 02 Civ. 6775 (LAK) (S.D.N.Y. Jun. 22, 2005)

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