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JACKSON v. SMITH

Civ. No. 75-85.

406 F.Supp. 1370 (1976)

Charles JACKSON, Plaintiff, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

United States District Court, W. D. New York.

February 10, 1976.

Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y., for plaintiff.

Louis K. Lefkowitz, Atty. Gen., New York City, for defendant; Asst. Atty. Gen. James L. Kennedy, Buffalo, N. Y., of counsel.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The petitioner is a state prisoner at Attica Correctional Facility and brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2254(a).

On July 7, 1971 the petitioner was convicted of murder of one Diane Thomas by a jury under New York Penal Law § 125.25 in the County Court of Erie County. On September 9, 1971, judgment was entered sentencing him...

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