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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46710 Judge Sweet INCARCERATED PETITIONER sought by writ of habeas corpus to vacate his robbery conviction. The court dismissed the petition as time-barred under the Antiterrorism and Death Penalty Act of 1996 (AEDPA), noting that petitioner’s conviction became final on Feb. 1, 2000, the last date upon which he could have sought certiorari to the U.S. Supreme Court. It was 215 days later, on Sept. 4, 2000, when petitioner filed his writ of error coram nobis application, claiming ineffective assistance of counsel, at which point the limitations period was tolled. The limitations clock began running again on Oct. 30, 2001, when that application was denied and petitioner then had 150 days left to file his federal habeas petition. The instant petition was only signed on June 4, 2002 and delivered to prison authorities on June 5, 2002, which was 218 days later. The court concluded, therefore, that even after factoring in the tolling provision, petitioner failed to meet the statutory limitations period established under AEDPA.

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