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CASTON v. COSTELLO

No. 97CV7623 (ARR).

74 F.Supp.2d 262 (1999)

James CASTON, Petitioner, v. Joseph COSTELLO, Superintendent, Mid-State Correctional Facility, Respondent.

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

November 11, 1999.

Attorney(s) appearing for the Case

William A. Loeb, Appellate Advocates, New York City, for petitioner.

Robin A. Forshaw, District Attorney's Office, Kew Gardens, NY, for respondent.

OPINION AND ORDER

ROSS, District Judge.

On October 17, 1995, petitioner, James Caston, was convicted following a jury trial in New York Supreme Court, Queens County, of criminal sale of a controlled substance in the third degree in violation of N.Y.Penal Law § 220.39(1). He was sentenced to an indeterminate prison term of four to twelve years.

After exhausting direct appeals in state court, Caston petitioned this court on December 30...

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