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CORTEZ v. SCULLY

No. 89 Civ. 1451(RWS).

717 F.Supp. 224 (1989)

Juan CORTEZ, Petitioner, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Respondent.

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

July 13, 1989.

Attorney(s) appearing for the Case

Juan Cortez, pro se.

Robert M. Morgenthau, Dist. Atty., New York County (Marc Frazier Scholl, Asst. Dist. Atty., of counsel), New York City, for respondent.

OPINION

SWEET, District Judge.

Petitioner Juan Cortez ("Cortez") has petitioned pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus. For the reasons below, the petition is denied.

The Facts and the Petition

On June 20, 1975, Cortez was convicted after a jury trial of Manslaughter in the First Degree and Assault in the First degree. On July 31, 1975, he was sentenced to a term of incarceration of from six and two-thirds...

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