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CORDERO v. RICKS

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

ORDER

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 corpus.

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. ยง 1915(a)(3).

  SO ORDERED. Page 1

20040106

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