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MASSILLON v. CONWAY

No. 03 Civ. 3445(SHS)(THK).

574 F.Supp.2d 381 (2008)

Luders MASSILLON, Petitioner, v. James CONWAY, Acting Superintendent of Attica Correctional Facility, and Andrew M. Cuomo, Attorney General of New York, Respondents.

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

August 5, 2008.

Attorney(s) appearing for the Case

Nancy E. Little, Esq., The Legal Aid Society, Criminal Appeals Bureau, Kew Gardens, NY.

Luke Martland, Esq., Attorney General of the State of New York, New York, NY.

ORDER

SIDNEY H. STEIN, District Judge.

In a Report and Recommendation, Magistrate Judge Theodore H. Katz has recommended that the petition of Luders Massillon for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be granted. After a de novo review of that Report and consideration of defendants' objections, the Court adopts the Report and Recommendation with the following modification.

In assessing whether petitioner was...

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