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LOPEZ v. SMITH

No. 80 Civ. 5593.

515 F.Supp. 753 (1981)

Gilberto LOPEZ, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility and Robert Abrams, Attorney General of the State of New York, Respondents.

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

June 12, 1981.

Attorney(s) appearing for the Case

Manuel Nelson Zapata, New York City, for petitioner.

Mario Merola, Dist. Atty., Bronx County, New York City, for defendants; Robert Lefevre, Asst. Dist. Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving an indeterminate term of imprisonment of 15 years to life, following a guilty verdict by a jury of murder in the second degree1 seeks to void his conviction by this federal writ of habeas corpus pursuant to 28 U.S.C. § 2254 by reason of alleged violation of his federal constitutional rights. The essence of his claim...

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