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CLAUDIO v. SCULLY

No. 89 CV 3410 ERK.

791 F.Supp. 985 (1992)

Angel CLAUDIO, Petitioner, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility, et al., Respondents.

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

April 30, 1992.

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn by William E. Hellerstein, New York City, for petitioner.

Richard Brown, Dist. Atty., Queens County by John Castellano, Asst. Dist. Atty., Kew Gardens, N.Y., for respondents.

MEMORANDUM AND ORDER

KORMAN, District Judge.

In the early morning hours of May 15, 1980, Steven Zweikert was returning home from a high school prom. As he emerged from the subway in Queens at about 4:00 a.m., he was followed and accosted by four youths. Among them was the petitioner, Angel Claudio, who brandished a gun. When one of the boys demanded money Steven tried to wrest the gun from Claudio and in the struggle was fatally shot. Claudio and his cohorts...

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