OPINION
KRAM, District Judge.
Respondent, the State of New York, has moved for a dismissal of petitioner's petition for a writ of habeas corpus. For the reasons stated herein, respondent's motion is denied.
Petitioner, Michael Journet, has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted on November 23, 1977 of Criminal Sale of a Controlled Substance in the Third Degree (New York Penal...
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