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SMITHWICK v. WALKER

90 Civ. 3525 (KTD).

758 F.Supp. 178 (1991)

Leroy SMITHWICK, Petitioner, v. Hans WALKER, Superintendent, Auburn Correctional Facility and Hon. Robert Abrams, Attorney General of the State of New York, Respondents.

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

February 13, 1991.

Attorney(s) appearing for the Case

Leroy Smithwick, Auburn, N.Y., pro se.

Robert T. Johnson, Dist. Atty., Bronx County, Bronx, N.Y. (Allen H. Saperstein, Anthony D. Grande, Asst. Dist. Attys., of counsel), for respondents.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Petitioner, Leroy Smithwick proceeding pro se seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). On March 3, 1981, Smithwick was convicted by a jury in New York Supreme Court, Bronx County of Murder in the Second Degree, N.Y. Penal Law § 125.25(1), and Criminal Possession of a Weapon in the Second Degree N.Y.Penal Law § 265.03. After the guilty verdict was entered...

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