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SIMMONS v. ROSS

No. 95 Civil 9983 (JGK).

965 F.Supp. 473 (1997)

Robert SIMMONS, Petitioner, v. Bert ROSS, Superintendent, Arthur Kill Correctional Facility, Respondent.

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

May 19, 1997.

Attorney(s) appearing for the Case

Robert Simmons, Arthur Kill Correctional Facility, Staten Island, NY, pro se.

Dennis C. Vacco, Attorney General of the State of New York by Christy L. Reuter, Assistant Attorney General, New York City, for Respondent.

OPINION AND ORDER

KOELTL, District Judge.

The petitioner, Robert Simmons, who is currently incarcerated at Arthur Kill Correctional Facility, has filed a petition for habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his March 17, 1992 conviction for attempted robbery in the first degree.

I.

The relevant facts for this petition are as follows. At Simmons' trial, Luis Cardona, the alleged victim of the attempted robbery...

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