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GARVEY v. KELLY

No. 96-CV-6548L.

104 F.Supp.2d 169 (2000)

Marcus GARVEY, Plaintiff, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, Defendant.

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

June 6, 2000.

Attorney(s) appearing for the Case

Marcus Garvey, Collins, NY, petitioner pro se.

Loretta S. Courtney, Monroe County District Attorney, Rochester, NY, for Howard R. Relin, District Attorney of Monroe County, intervenor-defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Petitioner, Marcus Garvey, while confined at the Attica Correctional Facility, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Following a jury trial in Supreme Court, Monroe County, petitioner was convicted on each of four counts involving the sale and possession of narcotics. These charges stemmed from two drug sales made to an undercover police officer. On...

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