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CONTE v. HENDERSON

No. 81-CV-547.

534 F.Supp. 561 (1982)

Joseph CONTE, Petitioner, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Respondent.

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

March 16, 1982.

Attorney(s) appearing for the Case

James R. McGraw, Syracuse, N. Y., for petitioner.

Robert Abrams, Atty. Gen. of the State of N. Y., Albany, N. Y., for respondent; Daniel L. Saxe, Asst. Atty. Gen., Albany, N. Y., of counsel.

MEMORANDUM-DECISION and ORDER

JAMES T. FOLEY, Senior District Judge.

The petition in this federal habeas corpus proceeding was prepared by Attorney McGraw and filed with the payment of the $5.00 filing fee. The petitioner is an inmate of Auburn Correctional Facility. He was convicted by a jury in Onondaga County Court, Syracuse, New York, of Arson in the Third Degree and sentenced to 0-7 years. The date of the judgment of conviction is July 17, 1979. The...

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