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BENJAMIN v. FISCHER

No. 02 Civ. 679(SAS).

248 F.Supp.2d 251 (2002)

Donald BENJAMIN, Petitioner, v. Brian FISCHER, Superintendent, Sing Sing Correctional Facility, Respondent.

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

December 23, 2002.

Attorney(s) appearing for the Case

Joseph Di Simone, Mayer, Brown & Platt, New York City, for Petitioner.

Steven N. Schulman, Assistant Attorney General, New York City, for Respondent.

AMENDED OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Donald Benjamin ("petitioner"), an inmate at the Sing Sing Correctional Facility in Ossining, New York, brings this petition for a writ of habeas corpus pursuant to section 2254 of Title 28 of the United States Code (" § 2254"). On March 19, 1997, following a jury trial, Benjamin was convicted of one count of burglary in the second degree and one count of robbery...

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