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RODRIGUEZ v. SMITH

No. 76 Civ. 2602 (JMC).

428 F.Supp. 892 (1977)

Herminio RODRIGUEZ, Petitioner, v. Harold SMITH, Superintendent of Attica Correctional Facility, Respondent.

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

March 3, 1977.

Attorney(s) appearing for the Case

The Legal Aid Society (William E. Hellerstein and Morrell I. Berkowitz, New York City, of counsel), for petitioner.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City (Kevin J. McKay, New York City, of counsel), for respondent.

CANNELLA, District Judge.

Petition for a writ of habeas corpus, pursuant to 28 U.S.C. §§ 2241 and 2254, is hereby denied.1

This is the most recent in a line of cases challenging New York's scheme of affirmative defenses on the basis of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).2 The instant application

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