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Bonilla v. Keyser

Habeas Relief Claim Unexhausted, Sentence Within Range Set by Penal Law §70.02(3)(a)

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MEMORANDUM AND ORDER

*1  Luis A. Bonilla (“petitioner”), proceeding pro se, petitions this Court for a writ of habeas corpus, pursuant to 28 U.S.C. §2254, challenging his conviction in New York state court. On October 20, 2010, petitioner pled guilty to manslaughter in the first degree, in violation of N.Y. Penal Law §125.20, a class “B” felony. Petitioner was thereafter sentenced to a determinate term of twenty-five years’ imprisonment with five years of post-release supervision. In the instant habeas petition (ECF No. 1), petitioner challenges his sentence on the ground that his sentence is illegal and unauthorized by law. For the reasons discussed below, petitioner’s request for a writ of habeas corpus is denied.I. BACKGROUNDA. FactsThe following facts are adduced from the instant petition and underlying record.On April 2, 2010, petitioner was indicted for one count of murder in the second degree, in violation of N.Y. Penal Law §125.25(1), a class “A-1″ felony, in connection with the stabbing and killing of Alex Ventura that occurred on February 27, 2010. (ECF No. 14 at 1-2.) On October 20, 2010, petitioner pled guilty in Supreme Court, Suffolk County to the reduced crime of manslaughter in the first degree, a class “B” felony. (Id. at 1.) Petitioner was sentenced on December 10,

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