Iverson v. Surber ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IVERSON, Plaintiff, 13-CV-633 v. ORDER SURBER et al., Defendant. Ronnie Abrams, United States District Judge: The Court is in receipt of the attached letter from Mr. Iverson in which he appears to express dissatisfaction with his state court criminal proceedings. This Court, a federal court, lacks appellate authority over the state court proceedings that Mr. Iverson takes issue with. See generally 18 U.S.C. § 3231. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Iverson. SO ORDERED. Dated: May 22, 2024 New York, New York Ronnie Abrams United States District Judge . eo A □□□□□□□□□□□□□□□□□□□□□□□□□□□ De GME COOGEE Ecumenism ths Es mn fe ao mye Foe ge ge gt □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ cove elfabait oe □□□ □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ nami : / = AEE 0 OEE, EE be EEC ES LENE | oes + “ i as a oe 4 aoe □□ □□ □□□ | Aimee SIE ow □□□ Fg i Fe fo oat aye LA a LES Sf □□ □□ fo Cf Soe oo ee wee seven nen pl LET SIRES Lo Soap cH Clete Moone ee ewest IScv @33 . . Joon wf MEME ES Ebi se Sete ELLIE, seston -mnnesenisnnann soos one □□□□□□□□□ PREP □□ il Mice ho ue ce cece tune i. Ahh of oh eae + ee OE EI MED i : » Ate . □ eb ft ao ey en oo ap te fe otis at? □□ . BO? Le : Sh roe ghey gh ope BAR gh RO IE oe ft Pty ue he so ennai □□□ LO EE IOEL GE Eat Lge BALE ab Si □□□ ie. An . we et , me A how See open enna enna Mit, A. SE. ef SE ADE OEE Mle phon. LE □□□□□ □□□ □ 3 Lape wnt oe . eet c OOF □□□ □ Meee fw yp kt gh co get fe □□ in □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ee Lie iegbacle EA eget SAREE, EO allt, ba □□ □□ phe : ae we 4 ae ee oe ok a : oa □□ tnmnnreennnen neces ft Lede Leese colin SE LS AE all hits ie □□ ME □□ : af, LEP foe teas Cd eA Jo fo & Linese LEE iene Lotte Foie ad stBiog Lage? Lol Léa Ae Lok Langit LEel Es heh) EOD AN LEE □□□ LY □ eee Lo 4 a - SE Eat Cede : 7.’ The ground(s) for relief described by this affidavit has (have) not been previously determined on the merits on a prior proceeding or motion in a court in this state other than an appeal from the judgment, or upon a prior motion or proceeding in a federal court. WHEREFORE, [ respectfully request that this Court enter an order, pursuant to section 440.20 of the Criminal Procedure Law, vacating the judgment and order the dismissal of the indictment or in the alternative, order an evidentiary hearing and grant such and further relief as this Court may deem just and proper. DATED: “secs £¢* , 2024 RESPECTFULLY SUBMITTED Leah - SWORN TO BEFORE ME THIS DAY OF , 2024 NOTARY PUBLIC. _ oe AFFIDAVIT OF SERVICE STATE OF NEW YORE ) □ . Le ) 88: . : COUNTY OF 4-777 ) Luc’ □ 2 ee Stal ; being duty sworn, deposes and says: Tam the above-mentioned defendant/petitioner and I have served a copy of the following □ Sapers; °F □ FS cs mo Motion to Set Aside egal Sentence Upon the following party(ies): □□ Lie gf LE eg Si a oS Peers Zz : Locatilias Met jot LES AROS - fo Valuers Cia Lina □□ Bi? Za Lane Acide: siete eek LINE” 8 4 7 7 by placing the above in a post-paid envelope and depositing it in a United States Postal Service mailbox located at Green Haven Correctional Facility, Stormville, NY 12582 on the 4% day of — LEEE , 2074, as due and sufficient service. Sica SWORN TO BEFORE ME THIS DAY OF 2024 ors REIN EE SVC ELEN ES 0 □□ □□□ □□ □□ pf OF NEW YORE SUPREME COURT: COUNTY OF : ki MES 2 COfT courTREPoRTER: . Page 5 □ 1 You may admit, deny or stand mute as to whether 2 you were the person convicted and sentenced on that 3 felony as recited in the statement. 4 If you wish to controvert that statement on any “grounds, including violation of your constitutional | 6 rights, you must state the grounds, and you will be q entitled to a hearing before this Court without a jury. 8 Have you received a copy of the statement? 9 THE DEFENDANT: Yes. THE CLERK: Have you discussed this matter with 11 your attorney? | | . 12 THE DEFENDANT: Yes... 13 THE CLERK: Do you admit you were the person i4 convicted and sentenced on that felony? 15 THE DEFENDANT: Yes. - 16 THE CLERK: Do you wish to challenge the 17 constitutionality of that conviction? 18 . THE DEFENDANT: No. 19 THE COURT: Adjudicated. 20 THE CLERK: Is there any imposed at this time? | MS. PARNESS: No. Ze THE CLERK: Is Ms. Parness your attorney? 23, THE DEFENDANT: Yes. , 24 . THE CLERK: Before sentence is pronounced, you are 5 advised that you, your attorney, and the Assistant □ BLDN da611b83-d66b-4ab4-bdc6-di42eed49293 I STATE OF NEW YORK a. UNIFIED COURT SYSTEM ees SECOND JUDICIAL DISTRICT, SUPREME COURT □ iS: 320 4RY STREET “SB cguat BROOKLYN, NEW YORK 11201 Se a Date: 04/03/24 a ERNEST IVERSON | one GREEN HAVEN CORRECTIONAL FACILITY = sy, P°O. BOX 4000 , , □□□ ee STORMVILLE, N.Y. 12589 | SE ae Ns LEN Re: ERNEST IVERSON ce Indictment: 1708 eee Motion: TO SET ASIDE SENTENCE 440.20 L] Your motion has been placed on the Miscellaneous Motion Calendar for Your motion has been referred to Justice RRBORIOURS PART 12 FOR 5-15-2024 Ll your MOTION was mo . Other: fhe Aedingp sete PE □□□ □□□□□ Te hy wel Erling . 4 □ oo get, oe Coe ar of . Geet □ □ tte Age, ALE Bf . Ah Oo “uy by Le □□□ □ □□ oe a ve □□ “ ¢ ee rr Criminal Term Motion Department ia STATE OF NEW YORK ia 7. - UNIFIED COURT SYSTEM oo SECOND JUDICIAL DISTRICT, SUPREME COURT □□ nae me 320 JAY STREET “cous BROOKLYN, NEW YORK 11201 Date: 03/25/24 : ERNEST IVERSON DIN:06A0295 GREENHAVEN CORRECTION FACILITY 594 RT. 216 PO BOX 4000 STORMVILLE, NEW YORK 12582 Re: ERNEST IVERSON Indictment: 1703-2003 Motion: TOSET ASIDE SENTENCE 440.20 nt Your motion has been placed on the Miscellaneous Motion Calendar for L] Your motion has been referred to Justice Your motion was DENIED by Justice Other: eee eee eee eee Criminal Term Motion Department mae . SUPREME COURT OF THE STATE OF NEW YORK es _ COUNTY OF KINGS _ a. CRIMINAL TERM CLERK'S OFFICE , ew JAY STREET “rn BROOKLYN, NEW YORK 11201 NOTICE OF RIGHT TO APPEAL FOR A CERTIFICATE GRANTING LEAVE TO APPEAL To:. ERN EST IVE RSON Date: (325-2024 Indictment No:_ 1703-2003 Your motion pursuant to article 440 of the Criminal Procedure Law was denied by Justice RODRIGUEZ _ Your right to an appeal from the order determining your motion is not automatic except in the single instance where the motion was made under CPL 440.30 (1 -a) for forensic DNA testing of evidence. For all other motions under article 440, you must apply to a Justice of the Appellate Division for a certificate granting leave to appeal. This application must be filed within 30 days after your being served by the District Attormey or the court with the court order denying your motion. The application must contain your name and address, indictment number, the questions of law or fact which YOU believe ought to be reviewed and a statement that no prior application for such certificate has been made. You must include copy of the court order and a copy of any opinion of the court. In addition, you must serve a copy of your application on the District Attorney. APPELLATE DIVISION, 2 ne Department 45 Monroe Place Brooklyn, NY 11201 KINGS COUNTY SUPREME COURT Criminal Appeals 320 Jay Street Brooklyn, NY 17201 KINGS COUNTY DISTRICT ATTORNEY Appeals Bureau 350 Jay Street , Brooklyn, NY 11201 Mot. 9-3-2009 ——_ STATE OF NEW YORK ia. □□ oe UNIFIED COURT SYSTEM ae SECOND JUDICIAL DISTRICT, SUPREME COURT aaa 320 JAY STREET BROOKLYN, NEW YORK 11201 Date: de □ ERNEST IVERSON DIN: 0640285 , GREEN HAVEN CORRECTIONAL FACILITY P.O. BOX 4000 STORMVILLE, NY 12582 Re: ERNEST IVERSON Indictment: — Motion: 440.20 MOTION (J Your motion has been placed on the Miscellaneous Motion Calendar for Your motion has been referred to Justice eee Your motion was/DENIED by Justice Other: PLEASE SEE ATTACHED OT Te Te Criminal Term ‘Motion Department meer, SUPREME COURT OF THE STATE OF NEW YORK where COUNTY OF KINGS ae. CRIMINAL TERM CLERK'S OFFICE □ Set 320 JAY STREET =e | BROOKLYN, NEW YORK 11201 NOTICE OF RIGHT TO APPEAL FOR A CERTIFICATE GRANTING LEAVE TO APPEAL ERNEST IVERSON Date: _41#20-2003%" tn eee indictment No: 1703-2003 Your motion pursuant to article 440 of the Criminal Procedure Law was denied by Justice RODRIGUEZ Your right to an appeal from the order determining your motion is not automatic except in the single instance where the motion was made under CPL 440.30 (1 -a) for forensic DNA testing of evidence. For all other motions under article 440, you must apply to a Justice of the Appellate Division for a certificate granting leave to. appeal. This application must be filed within 30 days after your being served by the District Attorney or the court with the court order denying your motion. The application must contain your name and address, indictment number, the questions of law or fact which You believe ought to be reviewed and a statement that no prior application for such certificate has been made. You must include a copy of the court order and a copy of any opinion of the court. In addition, you must serve a copy of your application on the District Attomey. APPELLATE DIVISION, 2 as Department 45 Monroe Place Brooklyn, NY 11204 KINGS COUNTY SUPREME COURT Criminal Appeals 320 Jay Street Brooklyn, NY 11201 KINGS COUNTY DISTRICT ATTORNEY Appeals Bureau 350 Jay Street Brooklyn, NY 11201 Mot. 9-3-2009