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U.S. EX REL. SCARINCIO v. COUGHLIN

No. 85 Civ. 4353(PNL).

657 F.Supp. 433 (1987)

UNITED STATES of America, ex rel. SCARINCIO, Mark, Petitioner, v. COUGHLIN, Thomas A. III, Commr. of Correctional Services, Respondent.

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

April 7, 1987.

Attorney(s) appearing for the Case

Slotnick & Cutler, P.C., New York City (Barry Slotnick and Richard A. Medina, of counsel), for petitioner.

Robert Abrams, Atty. Gen. of N.Y., New York City (Tyrone Mark Powell, Asst. Atty. Gen.), for respondent.

OPINION AND ORDER

LEVAL, District Judge.

Mark Scarincio, serving a five to fifteen year sentence for the sale of cocaine at Downstate Correctional Facility, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner claims entitlement to a new trial based on the discovery of an exculpatory eyewitness who he contends was not available to him at trial because of prosecutorial misconduct. The petition was referred to Magistrate Francis...

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