United States District Court, S.D. New York
January 6, 2004.
NELSON CORDERO, Petitioner,-against-THOMAS RICKS, etc., Respondent
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Petitioner was convicted in New York Supreme Court, New York County, of
burglary in the first degree and unlawful imprisonment in the second
degree. He was sentenced as a second felony offender principally to an
indeterminate term of imprisonment of 8 to 16 years on the burglary count
and a concurrent and definite term of imprisonment of one year on the
second count. The conviction was affirmed by the Appellate Division, and
the New York Court of Appeals denied leave. People v. Cordero,
259 A.D.2d 289, 687 N.Y.S.2d 89 (Ist Dept.), leave to appeal denied,
93 N.Y.2d 1043, 697 N.Y.S.2d 875 (1999). He seeks a writ of habeas
In a thorough report and recommendation dated November 3, 2003,
Magistrate Judge Henry B. Pitman recommended denial of the petition.
Nothing in petitioner's brief objections, entitled Opposition to
Recommendation, warrants a different result.
Accordingly, for the reasons set forth in the report and
recommendation, the petition is denied and the case dismissed. A
certificate of appealability is denied, and the Court certifies that any
appeal here from would not be taken in good faith within the meaning of
28 U.S.C. § 1915(a)(3).
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