BRONX D.A. ADVISORY: RICHARD ROSARIO 440 MOTION DENIED
Defendant Richard Rosario’s motion to vacate his conviction based on actual innocence has been denied.
People v. Richard Rosario Timeline:
June 19, 1996: George Collazo is murdered
November 23, 1998: Defendant Richard Rosario convicted of Murder in the 2nd Degree following a jury trial
November 21, 2001: Appellate Division unanimously affirms murder conviction
March 26, 2002: NY Court of Appeals denies leave application (leave to appeal)
June 11, 2003: Defendant files first motion to vacate his conviction (“440 motion”)
August 3, 2004 to September 30, 2004: 440 hearings are held before Supreme Court Justice Davidowitz
April 4, 2005: Justice Davidowitz denies Defendant’s 440 motion
September 1, 2005: Appellate Division denies leave to appeal from Justice Davidowitz’ decision
October 22, 2008: US District Court Justice Castel denies Defendant’s application for a writ of habeas corpus
April 12, 2010: U.S. Second Circuit Court of Appeals affirms Justice Castel’s decision
August 10, 2010: U.S. Second Circuit Court of Appeals denies Defendant’s petition for en banc review
May 23, 2011: U.S. Supreme Court denies petition for a writ of certiorari
March 24, 2014: Defendant files second 440 motion
March 19, 2015: Supreme Court Justice Sackett denies Defendant’s 2nd 440 motion
The decision may also be found here in pdf format: http://tinyurl.com/nlvut88
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