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TYSON v. KEANE

No. 96 Civ. 8044(SAS).

991 F.Supp. 314 (1998)

James TYSON, Petitioner, v. John KEANE, as Superintendent of Sing Sing Correctional Facility, Respondent.

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

January 13, 1998.

Attorney(s) appearing for the Case

Jeffrey L. Richman, Associate Appellate Counsel, Legal Aid Society, New York City, for Petitioner.

Daniel R. Wanderman, Assistant District Attorney, Bronx, NY, for Respondent.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Petitioner James Tyson seeks a writ of habeas corpus challenging his Supreme Court, Bronx County conviction for rape in the first degree. Part of the evidence presented against Tyson at trial consisted of a tape recorded telephone conversation in which a person identifying himself as "Tyson" did not deny committing the rape when so accused by the complaining witness. Before the trial began, Tyson asked...

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