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ANDERSON v. LeFEVRE

No. 80 Civ. 2635(RJW).

509 F.Supp. 199 (1981)

Thomas J. ANDERSON, Petitioner, v. Eugene LeFEVRE, Superintendent, Clinton Correctional Facility Annex, and The Attorney General of the State of New York, Respondents.

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

March 3, 1981.

Attorney(s) appearing for the Case

Thomas J. Anderson, petitioner pro se.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N. Y., for respondents; Janet Cunard, Asst. Dist. Atty., White Plains, of counsel.

ROBERT J. WARD, District Judge.

Pro se petitioner Thomas J. Anderson seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons hereinafter stated, Anderson's petition is dismissed without prejudice.

In 1975, Anderson was charged in two indictments with four counts of attempted sodomy in the first degree and two counts of sodomy in the first degree. During a pre-trial identification hearing held April 1, 1976, Anderson entered...

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