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VAZQUEZ v. SCULLY

No. 87 Civ. 6864 (CHT).

694 F.Supp. 1094 (1988)

Jose VAZQUEZ, Petitioner, v. Charles J. SCULLY, Superintendent, Greenhaven Correctional Facility, Respondent.

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

September 15, 1988.

Attorney(s) appearing for the Case

William M. Kunstler, Ronald L. Kuby, New York City, for petitioner.

Robert M. Morgenthau, Dist. Atty., New York City, for respondent; Deirdre Roney, Marc Frazier Scholl, Asst. Dist. Attys., of counsel.

OPINION

TENNEY, District Judge.

Jose Vazquez ("Vazquez") has petitioned for a writ of habeas corpus (the "Petition"), pursuant to 28 U.S.C. § 2254 (1982), against Greenhaven Correctional Facility Superintendent Charles J. Scully ("Scully"). As called for in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, Scully has filed an answer and provided a transcript of the state trial proceedings. For the reasons set forth...

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