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ALLAWAY v. McGINNIS

No. 03 CIV.5745.

301 F.Supp.2d 297 (2004)

Waverly ALLAWAY Petitioner, v. Michael McGINNIS, Superintendent, Southport Correctional Facility Respondent.

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

January 30, 2004.

Attorney(s) appearing for the Case

Waverly Allaway, pro se, Pine City, NY, for Petitioner.

DECISION AND ORDER

MARRERO, District Judge.

Pro se petitioner Waverly Allaway ("Allaway") was convicted of assault in the second degree after a jury trial in the New York State Supreme Court, Bronx County (the "Trial Court"). The trial judge found Allaway to be a persistent violent felony offender and sentenced him to an indeterminate prison term of twenty-five years to life. In this petition for a writ of habeas corpus, Allaway argues that...

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