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BENJAMIN v. GREINER

No. 02-CV-0189, No. 03-MISC-0066(JBW)

296 F.Supp.2d 321 (2003)

David BENJAMIN (95-A-6818), Petitioner, v. Charles GREINER, Superintendent of Green Haven Correctional Facility, Respondent.

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

October 9, 2003.

Attorney(s) appearing for the Case

David Benjamin, Stormville, NY, pro se.

MEMORANDUM, 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

A homicide prosecution based upon a botched abortion is rare today. Nevertheless, there were adequate grounds to charge petitioner with murder in the second degree, manslaughter in the second degree...

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