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FLEMING v. ABRAMS

No. 81 Civ. 3537 (WCC).

522 F.Supp. 1203 (1981)

Thomas Vincent FLEMING, Petitioner, v. Robert ABRAMS, Attorney General, State of New York, Respondent.

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

October 5, 1981.

Attorney(s) appearing for the Case

DePetris & Stewart, New York City, for petitioner; Ronald E. DePretis, New York City, of counsel.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N. Y., for respondent; Terry Jane Ruderman, Robert K. Mekeel, Asst. Dist. Attys., White Plains, N. Y., of counsel.

OPINION AND ORDER

CONNER, District Judge:

Petitioner Thomas Fleming ("Fleming") presents this application for a writ of habeas corpus, 28 U.S.C. § 2241, et seq., attacking his conviction for assault and criminal possession of a weapon. His petition raises questions of both jurisdiction and substance as follows: (1) whether Fleming is "in custody" under the federal habeas corpus statute; and (2) whether the judge's charge to the jury on intoxication...

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