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SMITH v. SULLIVAN

No. 97-CV-6515L.

1 F.Supp.2d 206 (1998)

Eric M. SMITH, Petitioner, v. Patrick SULLIVAN, Director, Brookwood Secure Center, Respondent.

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

April 2, 1998.

Attorney(s) appearing for the Case

Felix Lapine, Rochester, NY, for Petitioner.

Rene Davison, Attorney General, New York State Department of Law, Rochester, NY, for Respondent.

DECISION AND ORDER

LARIMER, Chief Judge.

Petitioner, Eric M. Smith, while in custody at Brookwood Secure Center, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Smith was convicted at a jury trial in Steuben County Court on November 7, 1994 of one count of murder in the second degree. He was sentenced to a term of incarceration from nine years to life.

Petitioner appealed his conviction to the Appellate Division,...

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