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GARCIA v. SCULLY

No. CV 81 3860.

538 F.Supp. 365 (1982)

Carlos GARCIA, Petitioner, v. Charles SCULLY, Warden; and Robert Abrams, Attorney General, State of New York, Respondents.

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

May 10, 1982.

Attorney(s) appearing for the Case

Carlos Garcia, pro se.

Elizabeth Holtzman, Dist. Atty., Kings County, Brooklyn, N. Y. (Luise Barrack, Brooklyn, of counsel), for respondents.

DECISION AND ORDER

BRAMWELL, District Judge.

Petitioner Carlos Garcia, by petition dated November 18, 1981, seeks release from New York State custody pursuant to 28 U.S.C. § 2254 (1976).

FACTUAL AND PROCEDURAL BACKGROUND

Mr. Garcia was convicted of manslaughter in the first degree and felony murder after a jury trial before the Honorable Joseph R. Corso in Supreme Court, Kings County. On June 20, 1975, a judgment of conviction was...

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