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HOWE v. SCULLY

No. 82 Civ. 5050 (JES).

582 F.Supp. 277 (1984)

Robert HOWE, Petitioner, v. Charles SCULLY, Respondent.

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

April 11, 1984.

Attorney(s) appearing for the Case

Robert Howe, petitioner, pro se.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for respondent; George C. Perry, Asst. Atty. Gen., New York City, of counsel.

OPINION & ORDER

SPRIZZO, District Judge:

Petitioner, Robert Howe, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). He was convicted of rape in the first degree and sexual abuse in the first degree on March 7, 1979 in New York Supreme Court, New York County. He asserts the following five grounds in support of his petition:

(1) he was denied due process at trial by the admission of certain hearsay testimony and by his attorney...

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