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CULHANE v. HARRIS

79 Civ. 2114.

514 F.Supp. 746 (1981)

Charles CULHANE and Gerald McGivern, Petitioners, v. David HARRIS, Superintendent, Green Haven Correctional Facility, Respondent.

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

March 30, 1981.

Attorney(s) appearing for the Case

Tigar & Buffone, P. C. by Michael Tigar, John J. Privitera, John Mage, Washington, D. C., for petitioners.

Robert Abrams, Atty. Gen. of N. Y. by Tyrone Mark Powell, Asst. Atty. Gen., New York City, for respondent.

MEMORANDUM AND ORDER

OWEN, District Judge.

Petitioners Charles Culhane and Gerald McGivern seek writs of habeas corpus pursuant to 28 U.S.C. § 2254. In 1975, a jury in Ulster County, New York found them guilty of felony murder, and each was sentenced to and is now serving an indeterminate term of twenty-five years to life. The conviction was twice affirmed, 57 A.D.2d 418, 395 N.Y.S.2d 517 (3d Dep't. 1977), aff...

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