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GONZALEZ v. SCULLY

No. 82 Civ. 5125 (MJL).

578 F.Supp. 1063 (1984)

Marcelino GONZALEZ, Petitioner, v. Charles SCULLY, Defendant.

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

January 9, 1984.

Attorney(s) appearing for the Case

Marcelino Gonzalez, pro se.

The Legal Aid Society, Federal Defender Services Unit by Barry Bassis, New York City, for petitioner.

Robert Abrams, Atty. Gen., State of N.Y., by Fredrick S. Cohen, Asst. Atty. Gen., New York City, for defendant.

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

INTRODUCTION

Before us is a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Petitioner is currently incarcerated in the Green Haven Correctional Facility in Stormville, New York, pursuant to a judgment of conviction rendered November 1, 1978, on a charge of attempted sodomy in the first degree (N.Y.P.L. §§ 110, 130.50). Petitioner was sentenced as a second...

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