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MACKENZIE v. PORTUONDO

Nos. 99-CV-4659 ADS, 99-CV-4660, 99-CV-4661.

208 F.Supp.2d 302 (2002)

Edward MACKENZIE, Petitioner, v. Leonard A. PORTUONDO, Warden, Shawangunk Correctional Facility, and the State of New York, Respondents.

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

May 20, 2002.

Attorney(s) appearing for the Case

Edward Mackenzie, Wallkill, NY, Petitioner pro se.

Denis Dillon, District Attorney of Nassau County, by Tammy J. Smiley and Bruce E. Whitney, Asst. District Attorneys, Mineola, NY, Attorneys for Respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Edward MacKenzie ("Petitioner") seeks a writ of habeas corpus with regard to his 1994 conviction in Nassau County Court for Kidnapping in the Second Degree (N.Y. Penal Law § 135.20), two counts of Robbery in the Third Degree (N.Y. Penal Law § 160.05), and Unauthorized Use of a Motor Vehicle in the First Degree (N.Y. Penal Law § 165.08).

In the afternoon of August 5, 1992, Trisha...

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