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THEBNER v. MILLER

No. CV 91-4525.

788 F.Supp. 714 (1992)

Michael THEBNER, Petitioner, v. David L. MILLER, Superintendent, Wallkill Correctional Facility, Respondent.

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

April 9, 1992.

Attorney(s) appearing for the Case

Michael Thebner, pro se.

James Catterson, Suffolk County Dist. Atty. by Michael J. Miller, Riverhead, N.Y., for respondent.

MEMORANDUM AND ORDER

WEXLER, District Judge.

On February 11, 1989, Michael Thebner ("petitioner") was convicted of Manslaughter in the Second Degree pursuant to New York Penal Law § 125.15[1], reckless manslaughter, and was subsequently sentenced to an indeterminate term of incarceration of five to fifteen years. Petitioner now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the following grounds: (1) his statements to the police...

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