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Besser v. Walsh

United States District Court, S.D. New York
Nov 13, 2003
02 Civ. 6775 (LAK) (S.D.N.Y. Nov. 13, 2003)

Opinion

02 Civ. 6775 (LAK)

November 13, 2003


ORDER


Petitioner was convicted in New York Supreme Court, New York County, of enterprise corruption and sentenced to a term of fifteen years to life imprisonment. He seeks a writ of habeas corpus here, asserting that his conviction was improper for a host of reasons and challenging his sentence under Apprendi v. New Jersey, 530 U.S. 466 (2000).

In a report and recommendation dated September 10, 2003, Magistrate Judge Peck recommended that all of petitioner's claims except those based on Apprendi, which he will deal with in a subsequent report and recommendation, be rejected and that no certificate of appealability issue with respect to any of them. Although the Court extended petitioner's time within which to file objections, no objections have been received.

After careful consideration of Judge Peck's commendably thorough analysis, the Court adopts the report and recommendation. All of petitioner's claims dealt with therein are rejected. No certificate of appealability will issue with respect to any of them.

SO ORDERED.


Summaries of

Besser v. Walsh

United States District Court, S.D. New York
Nov 13, 2003
02 Civ. 6775 (LAK) (S.D.N.Y. Nov. 13, 2003)
Case details for

Besser v. Walsh

Case Details

Full title:JAMES BESSER a/k/a JAMES ZERILLI, Petitioner, -against- JAMES WALSH…

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

Date published: Nov 13, 2003

Citations

02 Civ. 6775 (LAK) (S.D.N.Y. Nov. 13, 2003)

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