United States District Court, S.D. New York
October 16, 2014
RODNEY ALSTON, Petitioner,
THOMAS GRIFFIN, Superintendent, Eastern NY Correctional Facility, Respondent.
REPORT AND RECOMMENDATION
CATHY SEIBEL, District Judge.
On October 10, 2005, petitioner Rodney Alston ("petitioner" or "defendant") fatally shot Dacheau Brown outside Club Eclipse in New Rochelle, New York. On August 1, 2006, a Westchester County jury convicted petitioner of second degree murder (N.Y. Penal Law § 125.25(1)), second degree criminal possession of a weapon (N.Y. Penal Law § 265.03) and third degree criminal possession of a weapon (N.Y. Penal Law § 265.02(4). He was sentenced on September 25, 2006 to concurrent terms of twenty years to life imprisonment (murder), fifteen years imprisonment with five years post-release supervision (criminal possession second) and seven years imprisonment with three years post-release supervision (criminal possession third). Petitioner is currently incarcerated at Great Meadow Correctional Facility in Comstock, New York.
No objections to this Report & Recommendation ("R & R" have been received So I have recovered it as clear error. I find no error, clear or otherwise. The R & R is Therefore adopted as The decision of the Court. I further adopt the recommendation that no Certificate of Appeal ability issue. The clerk of court is respectfully directed to close the case.