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FRANCO v. COSTELLO

No. 01 Civ. 6991(LAK).

322 F.Supp.2d 474 (2004)

Manuel FRANCO, Petitioner, v. Joseph COSTELLO, Superintendent, et al., Respondent.

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

June 21, 2004.

Attorney(s) appearing for the Case

Frances A. Gallagher, The Legal Aid Society, Criminal Appeals Bureau, New York City, for Petitioner.

Dian Kerr McCullough, Jo W. Faber, Assistant Attorneys General, Eliot Spitzer, Attorney General of the State of New York, New York City, for Respondents.

MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner was convicted in New York Supreme Court of assault in the second degree, attempted criminal possession of a weapon in the third degree, and attempted grand larceny in the fourth degree. He was sentenced to consecutive terms of imprisonment of seven years and four years for the assault and attempted weapon possession counts, respectively, concurrent with a term of one year for the larceny count. The Appellate...

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