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STUBBS v. HARRIS

No. 78 Civ. 4391.

480 F.Supp. 523 (1979)

Mack STUBBS, Petitioner, v. David HARRIS, Superintendent, Green Haven Correctional Facility and Attorney General of the State of New York, Respondents.

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

October 24, 1979.

Attorney(s) appearing for the Case

Heath, Horn & Rosenthal, Syracuse, N. Y., for petitioner; Alan Rosenthal, Syracuse, N. Y., and Elizabeth M. Fink, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for respondents; Robert J. Schack, Asst. Atty. Gen., New York City, of counsel.

WHITMAN KNAPP, District Judge.

On December 8, 1972, at about 5:30 P.M., Ernest Ballestero was stabbed to death on a Brooklyn street. Two months later, petitioner Mack Stubbs was arrested and charged with Ballestero's murder. He was tried before a jury in State court, convicted, and sentenced to a term of fifteen years to life imprisonment, which he is presently serving. He now petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on two...

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