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VICTORY v. LEFEVRE

No. 85 Civ. 7091 (JES).

709 F.Supp. 496 (1989)

Albert VICTORY, Petitioner, v. Eugene LEFEVRE, Superintendent, Clinton Correctional Facility, Respondent.

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

April 12, 1989.

Attorney(s) appearing for the Case

Albert Victory, Dannemora, N.Y., pro se.

Robert M. Morgenthau, Dist. Atty., New York City, for respondent; Arthur G. Weinstein, Marc Frazier Scholl, Carol A. Remer-Smith, Asst. Dist. Attys., of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

In this action, petitioner Albert Victory seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). Petitioner was convicted in New York Supreme Court of felony murder. This matter was referred for Report and Recommendation pursuant to 28 U.S.C. § 636(b) (1982) to Magistrate Joel J. Tyler, who recommended that the petition be dismissed. See Report and Recommendation ("Report...

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