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GUZMAN v. KELLY

No. 89 Civ. 2619 (MGC).

728 F.Supp. 219 (1990)

Jose GUZMAN, Petitioner, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

January 8, 1990.

Attorney(s) appearing for the Case

Jose Guzman, Attica, N.Y., pro se.

Robert T. Johnson, Dist. Atty., Bronx, N.Y. by Stanley R. Kaplan, and Lawrence B. LaRaus, Asst. Dist. Attys., for respondent.

OPINION and ORDER

CEDARBAUM, District Judge.

Jose Guzman, a state prisoner, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 8, 1986 in the Supreme Court of Bronx County petitioner was convicted, after a jury trial, of murder in the second degree. N.Y.Penal Law § 125.25 (McKinney 1984). He was sentenced to an indeterminate prison term of twenty-five years to life.

Petitioner raises three grounds for relief...

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