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de la CRUZ v. KELLY

No. 86 Civ. 1685(RJW).

648 F.Supp. 884 (1986)

Roberto de la CRUZ, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, Attica, New York, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

November 24, 1986.

Attorney(s) appearing for the Case

Roberto de la Cruz, pro se.

Robert M. Morgenthau, Dist. Atty., New York, N.Y., for respondents; Norman Barclay, Carol A. Remer-Smith, Asst. Dist. Attys., of counsel.

ROBERT J. WARD, District Judge.

Petitioner Roberto de la Cruz seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. De la Cruz asserts three grounds in support of the instant petition. The Court has examined both the instant petition and the papers from de la Cruz's direct appeal of his conviction in the New York state courts. For the reasons hereinafter stated, the Court concludes that de la Cruz presented all three claims raised in the instant petition...

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