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RIVERA v. SMITH

79 Civ. 4147 (WK).

492 F.Supp. 1017 (1980)

Eladio RIVERA, Petitioner, v. Harold J. SMITH, Superintendent, Attica State Correctional Facility, Respondent.

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

July 9, 1980.

Attorney(s) appearing for the Case

Eladio Rivera, pro se.

Robert M. Morgenthau, Dist. Atty. of New York County, New York City, for respondent; Robert M. Pitler, Deborah Garay, Asst. Dist. Attys., New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Before us is a petition pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus. Petitioner was tried in state court by a jury and convicted on a charge of felony murder. On April 2, 1974 he was sentenced to a term of fifteen years to life imprisonment. Petitioner argued on appeal to the New York appellate courts that the People had failed to prove him guilty beyond a reasonable doubt, and that the...

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