RORY DOLAN, Petitioner,
-against-
JOHN J. DONELLI, Respondent.

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK

06-CV-5891(JS)
2010 U.S. Dist. LEXIS 137406

Decided December 30, 2010 by Judge Joanna Seybert:

On the morning of November 17, 1988, Petitioner raped Mary Jean Sherin.

Brandishing a knife, he forcibly entered her home with a pillowcase cloaking his facial features.

and

During the follow-up police investigation Mrs. Cabo described the rape, the Nissan truck which made an appearance on both November 19 and December 12, the assailant’s appearance (his clothing was reminiscent of a ninja‘s) and had a rape kit performed. (T2. 31; 1392-94.) On December 12, 1990 Mrs. Cabo picked Dolan out of a photospread lineup; presented with another lineup identification on July 14, 1991, she singled him out once more. Separately, Nancy Modica, a neighbor of Cabo’s, identified Dolan in a photo array as the Nissan truck’s driver who was seen near the Cabo house on the morning of the rape. (T2. 1416-21; 1427; 1446-47; 1509-13; 1536; 1682-84; 1716; 1753; 1962-64; 2037; 2040; 2505-23.)

concluding:

the Court DENIES Petitioner’s writ of habeas corpus in its entirety. The Clerk of the Court is directed to mark this matter as CLOSED.

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