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SOTO v. LEFEVRE

No. 85 Civ. 5075 (CBM).

651 F.Supp. 588 (1986)

William SOTO, Petitioner, v. Eugene LEFEVRE, Superintendent of Clinton Correctional Facility, Respondent.

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

September 2, 1986.

Attorney(s) appearing for the Case

The Legal Aid Society, by Lynn W.L. Fahey, William E. Hellerstein, New York City, for petitioner.

Mario Merola, Dist. Atty., Bronx County, by Susan L. Valle, Bronx, N.Y., for respondent.

OPINION

MOTLEY, Chief Judge.

This case is now before the court on the petition of William Soto for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254. Petitioner alleges that the New York State judgment and sentence which have placed him in respondent's custody are the result of a trial at which he was denied (1) his Fourteenth Amendment right to be convicted only upon proof beyond a reasonable doubt, and (2) his Fourteenth Amendment right to a fundamentally...

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