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MONTGOMERY v. WOOD

No. 04-CV-6474(VEB).

727 F.Supp.2d 171 (2010)

Russell MONTGOMERY, Petitioner. v. Robert WOOD, Superintendent, Upstate Correctional Facility, Respondent.

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

July 30, 2010.

Attorney(s) appearing for the Case

Russell Montgomery, Alden, NY, pro se.

Raymond C. Herman, Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, Magistrate Judge.

I. Introduction

Pro se petitioner Russell Montgomery ("Montgomery" or "Petitioner") has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Montgomery challenges the constitutionality of his state-custody pursuant to a judgment of conviction entered in Erie County Court, after a jury found him guilty of Murder in the Second Degree (N.Y. Penal Law § 125.25...

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