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WALLACE v. SMITH

No. 92 CV 0111(FB).

872 F.Supp. 6 (1995)

Darryl WALLACE, Petitioner, v. Carl SMITH, Superintendent, Marcy Correctional Facility, and Robert Abrams, Attorney General of New York, Respondents.

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

January 4, 1995.

Attorney(s) appearing for the Case

Philip L. Weinstein, The Legal Aid Soc., New York City, Nancy E. Little, of counsel, for petitioner.

Dennis C. Vacco, Atty. Gen. of the State of N.Y., New York City, Monica R. Jacobson, Asst. Atty. Gen., for respondent.

MEMORANDUM AND ORDER

BLOCK, District Judge:

Petitioner Darryl Wallace ("Wallace") brought this habeas corpus petition pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Court concludes that Wallace's status as a fugitive from justice warrants dismissal of the petition.

I.

FACTS

On April 19, 1989, Wallace was convicted in New York State court of criminal possession of a controlled substance...

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