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HARPER v. KELLY

No. 88 Civ. 1163 (RWS).

704 F.Supp. 375 (1989)

Elmer HARPER, Jr., Plaintiff, v. Walter KELLY, Defendant.

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

January 4, 1989.

Attorney(s) appearing for the Case

Elmer Harper, Jr., Comstock, N.Y., pro se.

Paul T. Gentile, Dist. Atty., Bronx County, Bronx, N.Y., for defendant; Stanley R. Kaplan, Asst. Dist. Atty., of counsel.

OPINION

SWEET, District Judge.

Pro se petitioner Elmer Harper, Jr. ("Harper") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that his conviction was obtained in violation of his constitutional rights. For the reasons set forth below, his petition is denied.

The Facts and the Petition

On May 9, 1984, Jack Small ("Small"), the service manager at the Sears Auto Center on Fordham Road in the Bronx...

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