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FAMA v. COMMISSIONER OF CORRECTIONAL SERVICES

No. 96 CV 4860(SJ).

69 F.Supp.2d 388 (1999)

Joseph FAMA, Petitioner, v. COMMISSIONER OF CORRECTIONAL SERVICES, Respondent.

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

September 30, 1999.

Attorney(s) appearing for the Case

Schapiro & Reich, Lindenhurst, NY by Perry S. Reich, for Petitioner.

Charles J. Hynes, District Attorney of Kings County, Brooklyn, NY by Roseann B. MacKechnie, Monique B. Ferrell, Assistant District Attorneys, for Respondent.

MEMORANDUM AND ORDER

JOHNSON, District Judge.

Joseph Fama ("petitioner") brings the present action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For reasons set forth herein, this petition is denied.

BACKGROUND

I. Summary of Facts

On August 23, 1989, in Bensonhurst, Brooklyn, sometime after 8 PM, thirty to forty white males gathered at the intersection of 68th Street and 20th Avenue...

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