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MOYE v. CORCORAN

No. 05-CV-0391(VEB).

668 F.Supp.2d 523 (2009)

DeMario MOYE, Petitioner, v. Michael CORCORAN, Superintendent, Cayuga Correctional Facility, Respondent.

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

November 9, 2009.

Attorney(s) appearing for the Case

DeMario Moye, Elmira, NY, pro se.

Steven Meyer, Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Pro se petitioner DeMario Moye ("Moye" or "petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his custody resulting from a judgment convicting him, following a jury trial in Erie County Court, of attempted assault in the first degree and criminal possession of a weapon in...

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