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FORMAN v. SMITH

Civ. 75-518.

482 F.Supp. 941 (1979)

Edward C. FORMAN, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

December 26, 1979.

Attorney(s) appearing for the Case

Tigar & Buffone, Washington, D. C. (John J. Privitera, Washington, D. C., of counsel), for petitioner.

Robert Abrams, Atty. Gen., New York City (James L. Kennedy, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for respondent.

CURTIN, Chief Judge.

Petitioner Edward C. Forman was convicted of second degree murder after a jury trial in New York Supreme Court, Erie County, in January 1973. In February of that year a brief recantation hearing was held before the trial judge, the Honorable Charles Gaughan, to determine whether the petitioner's wife, codefendant Florence McClain, was recanting part of her trial testimony which had implicated the petitioner. A motion to set aside the verdict based...

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