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WASHINGTON v. SCULLY

No. 84 Civ. 9349 (JES).

640 F.Supp. 1226 (1986)

Bobby WASHINGTON, Petitioner, v. Charles J. SCULLY, Superintendent Green Haven Correctional Facility, Respondent.

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

August 7, 1986.

Attorney(s) appearing for the Case

Legal Aid Soc., Federal Defender Services Unit, New York City (Barry Bassis, of counsel), for petitioner.

Mario Merola, Dist. Atty., Bronx County, Bronx, N.Y. (Billie Manning and Allen H. Saperstein, Asst. Dist. Attys., of counsel), for respondent.

OPINION AND ORDER

SPRIZZO, District Judge:

I. BACKGROUND

Petitioner Bobby Washington has made application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). On November 19, 1975, following a jury trial in the Supreme Court of the State of New York, Bronx County (Tierney, J.), petitioner was convicted of murder in the second degree (New York Penal Law § 125.25) and criminal possession of a weapon in the third and fourth degrees...

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