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HEALY v. MALCOLM

No. 77 Civ. 4012(MEL).

496 F.Supp. 941 (1980)

Robert J. HEALY, Petitioner, v. Hon. Benjamin J. MALCOLM, Commissioner of the Department of Social Services of the City of New York, Respondent.

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

September 17, 1980.

Attorney(s) appearing for the Case

Ernest H. Hammer, New York City, for petitioner.

Robert M. Morgenthau, New York County Dist. Atty., New York City, for respondent; Norman A. Bloch, Asst. Dist. Atty., New York City, of counsel.

LASKER, District Judge.

Robert Healy petitions for a writ of habeas corpus on the grounds that the failure to play an allegedly exculpatory tape recording at his trial constituted prosecutorial suppression of evidence in violation of his right to due process, and ineffective assistance of counsel in violation of his sixth amendment rights.

Healy, a former job site supervisor for the Neighborhood Youth Corps Program, was convicted after a jury trial of forgery...

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