Summary
This memorandum opinion and order from the United States District Court for the Southern District of New York denies a pro se petitioner’s federal habeas corpus petition challenging his New York state second-degree murder conviction. The court adopted a magistrate judge’s report and recommendation in full after reviewing de novo the petitioner’s objections regarding legal sufficiency of the evidence, Fourth Amendment search and seizure claims, and an extreme emotional disturbance defense. The court found the insufficiency claim procedurally barred, determined the petitioner had a full and fair opportunity to litigate his Fourth Amendment claims in state court, and concluded that proving an extreme emotional disturbance defense by a preponderance of the evidence is not cognizable on federal habeas review.