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BOYD v. LeFEVRE

No. 80 C 2071.

519 F.Supp. 629 (1981)

Rufus BOYD, Petitioner, v. Eugene LeFEVRE, Warden, Clinton Correctional Facility, Respondent.

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

July 29, 1981.

Attorney(s) appearing for the Case

Joel A. Brenner, East Northport, N. Y., for petitioner.

Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y. by Michael J. Halberstam, Asst. Dist. Atty., Brooklyn, N. Y., for respondent.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Petitioner is currently a State prisoner serving two concurrent terms of 25 years to life following his conviction on two counts of sale and two counts of possession of heroin. He has applied to the Court for a writ of habeas corpus claiming that his constitutional rights were denied by (1) variance between the indictment and the evidence upon which the trial court allowed him to be convicted; (2) the trial court...

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