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SPENCE v. SUPERINTENDENT

No. 95 CV 3296 RR.

987 F.Supp. 151 (1997)

Donovan SPENCE, Petitioner, v. SUPERINTENDENT, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services, Respondents.

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

November 18, 1997.

Attorney(s) appearing for the Case

Malvina Nathanson, New York, New York, Attorney for Petitioner.

Charles J. Hynes, District Attorney of Kings County by Amy Appelbaum, Roseann B. MacKechnie, Stephen D. Kong, Asst. Dist. Attys., Brooklyn, New York, Attorney for Respondent.

RAGGI, District Judge.

Donovan Spence, who is presently incarcerated for armed robbery and related crimes, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994 & Supp.1997). Spence pleaded guilty to these crimes in 1992 pursuant to an agreement that originally contemplated a probationary sentence on satisfactory completion of various conditions, including one that he not be rearrested. Within a few weeks of his plea, Spence...

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