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Goldstein v. Laffin

United States District Court, S.D. New York

June 18, 2014

JOSEPH GOLDSTEIN, Petitioner,
v.
TIMOTHY LAFFIN, Respondent.

REPORT AND RECOMMENDATION

PAUL E. DAVISON, Magistrate Judge.

I. INTRODUCTION

Proceeding pro se. Joseph Goldstein ("Petitioner) again seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 from his April 13, 2007 Sullivan County conviction (Ledina, J.).[1] Petitioner was convicted, upon pleas of guilty. of two counts of reckless endangerment in the first degree and one count of aggravated unlicensed operation of a motorvehicle in the first degree, and sentenced to two concurrent terms of three and one-half to seven years imprisonment on the reckless endangerment convictions, and to run consecutively, a term of one and one-third to four years imprisonment on the motor vehicle conviction. This matter comes before me pursuant to an Order of Reference dated August 1, 2013. (Dkt. 9.) For the reasons set forth below. I respectfully recommend that this petition be DISMISSED AS TIME-BARRED.

II BACKGROUND[2]

A. Crimes and Indictment On April 5, 2006 in the town of Liberty. New York. Petitioner drove his vehicle recklessly while his license was suspended or revoked. Among other things. Petitioner drove through a construction zone at a high rate of speed, forcing a car off the road and requiringtwo flagmen to jump out of his way. A grand jury indicted him on the tolloing offenses:

(1) 2 counts of reckless endanerment in the first degree, in violation of N.Y. Penal Law § 120.25:

(2)1 count of aggravated unlicensed operation to a motor vehicle in the first degree. in violation of N.Y. Veh. Traf. Law §)(a)(ii

(3)2 counts of failure to stop at a stop sign, in violation of N.Y. Veh. Traf. Law § 1172(a):

(4) 1 count of failure to comply with a police officer, in violation of N.Y. Veh. Ural. Law § 1102;

(5)2 counts of speed not reasonable and prudent, in violation of N.Y. Veh. Traf. Law § 1180(a);

(6) 3 counts of failure to yield right of way while making a left turn, in violation of N.Y. Veh. Traf. Law § 1141:

(7) 2 counts of reckless driving, in violation of N.Y. Veh. Traf. Law § 1212;

(8) 2 counts of failure to comply with a flagman, in violation of N.Y. Veh. Trail Law § 1102;

(9) 1 count of operation of a motor vehicle on a public highway while using a mobile phone, in violation of N.Y. Veh. Traf. Law § 1225-c;

(10) 1 count of speed 70 miles per hour in a 40 mile per hour zone, in violation of N.Y. Veh. Traf. Law § 1180(b);

(11) 1 count of speed 70 miles per hour in a 40 mile per hour school zone, in violation of N.Y. Veh. Traf. Law § 1180(c);

(12) 1 count of speed 80 miles per hour in a 55 mile per hour zone, in violation of N.Y. Veh. Traf. Law § 1180(b);

(13)1 count of driving on the shoulder, in violation of N.Y. Veh. Trail Law § 1131;

(14) 2 counts of passing in a no passing zone, in violation of N.Y. Veh. Traf. Law § 1126; and

(15) 1 count of speed 80 miles per hour in a 30 mile per hour zone, in violation of N.Y. Veh, Traf. Law § I 180(b).

(Indictment (attached to Resp Deci. in Opp'n to Pet. for a Writ of Habeas Corpus ("Resp't's ...


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