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FRANCOLINO v. KUHLMAN

No. 01 Civ. 3882(AGS).

224 F.Supp.2d 615 (2002)

Joseph FRANCOLINO, Petitioner, v. Robert KUHLMAN, Superintendent, Sullivan Correctional Facility, and Eliot L. Spitzer, Attorney General, New York, Respondents.

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

September 3, 2002.

Attorney(s) appearing for the Case

Diarmuid White, Brendan White, New York, NY, for Petitioner.

Robert M. Morgenthau, Dist. Atty. of County of N.Y., New York, NY, Amyjane Rettew, Asst. Dist. Atty., of counsel, for Respondent.

OPINION

SCHWARTZ, District Judge.

I. Introduction

Petitioner Joseph Francolino seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 seeking his release from custody arising from a November 18, 1997 judgment in the Supreme Court, New York County. Following an eight-month trial and twelve days of deliberations, a jury found Francolino guilty of a variety of charges stemming from his involvement in a private carting (i.e., waste...

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