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Lewis v. New York State

Rapist Denied Habeas Relief; Challenge to Court's 'Molineux' Ruling Not Preserved

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MEMORANDUM & ORDER

*1 Erick Lewis has filed a habeas corpus petition, pro se, pursuant to 28 U.S.C. §2254. He was convicted by a jury in 2010 on multiple counts stemming from the brutal sexual assaults of three Brooklyn women. Lewis contends (i) that he was denied a fair trial, (ii) that his right to confront the witnesses against him under the Confrontation Clause was violated, (iii) that the trial judge was biased and the sentence excessive, and (iv) that he was “force[d] to go to trial.” Two additional grounds in his papers appear to be a result of scrivener’s error. For the reasons set forth below, the writ is denied and the petition is dismissed.BackgroundThe challenged convictions arise from three separate sexual assaults, on three otherwise unrelated women, in the Crown Heights area of Brooklyn. The attacks came in January 2008, August 2008, and September 2008.1 Police canvassed the neighborhood in which the assaults occurred, checked security cameras of local businesses and spoke with neighbors, all in an effort to find the perpetrator. Transcript Record, People v. Lewis, Indict. No. 5005/09 (Sup. Ct., Kings

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