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ALIM v. SMITH

No. Civ-76-34.

474 F.Supp. 54 (1979)

Yusuf Abdul ALIM a/k/a Albert McQueen, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

March 29, 1979.

Attorney(s) appearing for the Case

Grashow, Greenfield & Palmer, Buffalo, N.Y. (Paul V. Hurley, Buffalo, N.Y., of counsel), for petitioner.

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

CURTIN, Chief Judge.

Petitioner has filed an application for habeas corpus relief under 28 U.S.C. § 2254. Permission to proceed in forma pauperis was granted, and Paul V. Hurley, Esq., of Buffalo was assigned to represent petitioner in this matter.

Petitioner was convicted in Supreme Court, Queens County, February 7, 1973, of assault in the second degree, N.Y. Penal Law § 120.05(3); felony weapons possession, N.Y. Penal Law § 265.05; obstructing...

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