OPINION AND ORDER
SWEET, District Judge.
Eduardo Cruz was convicted in New York Supreme Court of possession of explosive substances in 1971. He was sentenced to a term of seven years imprisonment. That conviction was affirmed by the Appellate Division, People v. Cruz, 41 A.D.2d 1027, 343 N.Y.S.2d 786 (1st Dep't 1973), and by the New York Court of Appeals, People v. Cruz,
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