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McCULLOUGH v. BENNETT

No. 9:99-CV-1076.

317 F.Supp.2d 112 (2003)

David MCCULLOUGH, Petitioner, v. Floyd G. BENNETT, Jr., as Superintendent of Elmira Correctional Facility, Respondent.

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

October 29, 2003.

Attorney(s) appearing for the Case

David McCullough, Sonyea, NY, pro se.

Eliot Spitzer, Attorney General of the State of New York, Utica, NY, G. Lawrence Dillon, Assistant Attorney General, of Counsel, for Respondent.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On July 12, 1999, petitioner David McCullough ("petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging entitlement to relief because of ineffective assistance of counsel at trial and on appeal. Respondent filed an answer to the petition and a memorandum of law seeking its dismissal. On June 4, 2003, Magistrate Judge Gary L....

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