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PETRUCELLI v. COOMBE

CIV-80-1056C.

569 F.Supp. 1523 (1983)

John PETRUCELLI, Petitioner, v. Phillip COOMBE, Jr., Superintendent, Respondent.

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

September 7, 1983.

Attorney(s) appearing for the Case

Robshaw & Abramowitz, Buffalo, N.Y. (Phillip B. Abramowitz, Buffalo, N.Y., of counsel), for petitioner.

Robert Abrams, Atty. Gen., State of N.Y. (David Fromm, Asst. Dist. Atty., New York City, and Patrick O. McCormack, Asst. Atty. Gen., Buffalo, N.Y., of counsel), for respondent.

CURTIN, Chief Judge.

Although on August 3, 1982, this court conditionally granted Petrucelli's request for relief pursuant to 28 U.S.C. § 2254, the order permitted a stay of the entry of judgment upon request by the respondent to offer evidence on the prosecutor's motive for his conduct at the petitioner's original criminal trial. Petrucelli v. Smith, 544 F.Supp. 627 (W.D.N.Y.1982). Respondent made such request, and...

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