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BERGER v. STINSON

No. 97-CV-6150L.

977 F.Supp. 243 (1997)

Richard G. BERGER, Petitioner, v. James D. STINSON, Superintendent of Great Meadow Correctional Facility, Respondent, and Howard R. Relin, District Attorney of Monroe County, Intervenor.

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

August 22, 1997.

Attorney(s) appearing for the Case

Robert M. Simels, Robert M. Simels, P.C., New York City, for Petitioner.

Robert Mastrocola, Howard R. Relin, Dist. Atty. of Monroe County, Rochester, NY, for Intervenor-Plaintiff.

DECISION AND ORDER

LARIMER, Chief Judge.

On April 16, 1997, petitioner, Richard Berger, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Berger was convicted on June 13, 1986 in New York State Supreme Court, Monroe County, of murder in the second degree. The State has filed an answer to the petition opposing the petition on several grounds. Because I agree with the State that the petition is time-barred by the Antiterrorism...

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