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LEBRON v. MANN

No. CV-90-4150 (JBW).

844 F.Supp. 140 (1994)

Aurelio Valentino LEBRON, Petitioner, v. Louis F. MANN, Superintendent, Shawangunk Correctional Facility, Respondent.

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

March 7, 1994.

Attorney(s) appearing for the Case

Norman Trabulus, Mineola, NY, for petitioner.

Charles J. Hynes, Dist. Atty., Kings County by Ann Bordley, Brooklyn, NY, for respondent.

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge:

Petitioner seeks a writ of habeas corpus on the ground of inadequacy of counsel. His trial attorney failed to present to the jury a theory of defense against a robbery by the deceased that provides a rule of law theoretically less onerous to the defendant than that of self-defense from an attack. Distinguished present appointed defense counsel has made a clear case for petitioner on academic grounds...

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