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ESCALERA v. COOMBE

No. 85 Civ. 1698.

652 F.Supp. 1316 (1987)

Robert ESCALERA, Petitioner, v. Philip COOMBE, Superintendent of Eastern Correctional Facility, Respondent.

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

January 30, 1987.

Attorney(s) appearing for the Case

Peter J. Avenia, Gombiner and Avenia, New York City for petitioner.

Leonard Joblove, Asst. Dist. Atty., (Elizabeth Holtzman, Dist. Atty., and Barbara D. Underwood and Peter A. Weinstein, Asst. Dist. Attys., of counsel), Brooklyn, N.Y., for respondent.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Petitioner Robert Escalera is serving a sentence of fifteen years to life upon his conviction of felony murder in violation of N.Y. Penal Law §§ 125.25(3) (McKinney 1975). After the judgment of conviction was entered on September 24, 1976, the appellate division affirmed Escalera's conviction on February 27, 1978, 61 A.D.2d 890, 402 N.Y.S.2d 700. On June 9, 1978, Escalera was denied leave to appeal...

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