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BARBER v. SCULLY

No. 82 Civ. 5528 (MEL).

557 F.Supp. 1292 (1983)

James BARBER, Petitioner, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility, Stormville, New York, Respondent.

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

February 28, 1983.

Attorney(s) appearing for the Case

Stephen J. Pittari, The Legal Aid Soc. of Westchester County, White Plains, N.Y., for petitioner; Robert W. Stieve, White Plains, N.Y., of counsel.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, N.Y., for respondent; Richard E. Weill, Asst. Dist. Atty., White Plains, N.Y., of counsel.

LASKER, District Judge.

James Barber was convicted in the County Court, Westchester County, of Murder in the Second Degree, Arson and Grand Larceny. The judgment of conviction was affirmed by the Appellate Division, Second Department, People v. Barber, 83 A.D.2d 794, 441 N.Y.S.2d 757, and leave to appeal to the New York Court of Appeals was denied. People v. Barber, 55 N.Y.2d 826, 447 N.Y.S.2d 1038, 432 N.E.2d 146. His petition for certiorari to the...

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