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McRae v. The Attorney General of the State of New York

Robber May File Amended Habeas Petition; §2254 Relief May Be Untimely Under AEDPA

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MEMORANDUM AND ORDER

*1 On September 5, 2017, pro se petitioner Troy McRae filed the instant petition for a writ of habeas corpus pursuant to Title 28, United States Code Section 2254 (“Section 2254″). For the reasons set forth below, petitioner is directed to submit an amended petition by May 9, 2018. Petitioner’s motion for leave to file in forma pauperis is granted. BackgroundPetitioner challenges a May 24, 2006 judgment from Kings County, in which he was convicted of first-degree robbery after a jury trial and sentenced to 12 years incarceration and 5 years of post-release supervision. (Pet. at 1; see People v. McRae, 879 N.Y.S.2d 493 (N.Y. App. Div. 2009).) The Supreme Court of New York, Appellate Division, Second Department, affirmed the conviction on May 5, 2009. McRae, 879 N.Y.S.2d at 493. The New York Court of Appeals denied leave to appeal on September 10, 2009. People v. McRae, 13 N.Y.3d 798 (2009).

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