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ATKINSON v. PORTUONDO

Nos. 00-CV-3573 (JBW), 03-MISC-0066 (JBW).

269 F.Supp.2d 57 (2003)

Anthony ATKINSON (96-A-4870), Petitioner, v. Leonard PORTUONDO, Superintendent of Shawagunk Correctional Facility, Respondent.

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

June 13, 2003.

Attorney(s) appearing for the Case

Anthony Atkinson, Shawangunk C.F., Wallkill, NY, Pro se.

Marion M. Tang, District Attorney of Suffolk County, Riverhead, NY, for Respondent.

JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

The petition for a writ of habeas corpus is denied. No hearing on this matter is necessary. This memorandum briefly addresses petitioner's claims.

I. Facts and Procedural History

Petitioner was put on trial for charges relating to the rape of his niece, a seven-year-old girl for whom he had been babysitting. The victim testified at trial that petitioner had raped her in her bedroom...

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