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WINGATE v. SCULLY

No. 91 Civ. 1281 (MGC).

764 F.Supp. 319 (1991)

Derrick WINGATE, Petitioner, v. Charles SCULLY, Warden, Greenhaven Correctional Facility, Respondent.

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

May 29, 1991.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, Cardozo Criminal Law Clinic, New York City, for petitioner.

Robert Abrams, Atty. Gen., State of N.Y., and Robert Morgenthau, Dist. Atty., New York City, for respondent.

MEMORANDUM OPINION

CEDARBAUM, District Judge.

Petitioner, a state prisoner who was sentenced while a fugitive, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the ground that the Fourteenth Amendment to the United States Constitution requires a defendant's presence for the imposition of a valid sentence. The petition is dismissed for failure to state a claim of constitutional violation.

After a jury trial in the Supreme Court of...

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