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ROBINSON v. SMITH

No. Civ-1973-349.

451 F.Supp. 1278 (1978)

Willie James ROBINSON, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

May 9, 1978.

Attorney(s) appearing for the Case

Philip Halpern, Buffalo, N. Y. (Ingrid K. Hansen, Kew Gardens, N. Y., of counsel), for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y. (James L. Kennedy, Buffalo, N. Y., of counsel), for respondent.

CURTIN, Chief Judge.

On April 18, 1959, Henry Duscher, owner of a delicatessen which was located at the corner of Delaware Avenue and Sanders Road in Buffalo, New York, was shot and killed in the course of a robbery at his store. Petitioner Willie James Robinson and codefendants Alphonso Williams and Ernest Jackson were tried for this crime and were convicted on October 23, 1959 in Erie County Court following a jury trial. All three were sentenced to life imprisonment...

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