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BOOTHE v. McLELLAN

No. CV-91-2328.

803 F.Supp. 586 (1992)

Michael James BOOTHE, Petitioner, v. Robert McLELLAN, Superintendent, Sing Sing Correctional Facility, Respondent.

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

April 30, 1992.

Attorney(s) appearing for the Case

Michael James Boothe, petitioner pro se.

Kings County Dist. Atty. by Robin Forshaw, Asst. Dist. Atty., Brooklyn, N.Y., for respondent.

MEMORANDUM AND ORDER

KORMAN, District Judge.

Petitioner, Michael James Boothe, was convicted of Criminal Possession of a Weapon in the Second Degree (N.Y.Penal Law § 265.03) in February, 1985. The Appellate Division affirmed his conviction in August 1990, People v. James, 164 A.D.2d 921, 559 N.Y.S.2d 755 (1990), and leave to appeal to the New York Court of Appeals was denied in February, 1991, People v....

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