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Patterson v. Thompson

2017 'Successive' Habeas Petition Transferred to Circuit for Authorization

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*1  t he petitioner, Emmanuel Patterson, has been serving a sentence of 20 years to life since he pled guilty to murder in the second degree in New York State Supreme Court, Erie County, in 1979. He now has filed his third petition for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254, challenging his conviction and his sentence. Docket Item 1 (the “third” or “instant” petition). In the instant petition, Patterson claims that (1) New York State’s indeterminate sentencing scheme, New York Penal Law Section 70.40(1)(a), was unconstitutionally applied to him in 1979 inasmuch as he was not advised about the parole component of his sentence before his plea and sentencing; and (2) established federal and state procedures were “ignored and circumvented[,] leaving the State Board of Parole without proper legal justification and authority in the execution of petitioner['s] sentence after completion of the twenty-year minimum term of imprisonment per plea-agreement.” Docket Item 1, at 6, 7, 16, 17.1

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