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SEDA v. CONWAY

No. 07-CV-6609 (VEB).

774 F.Supp.2d 534 (2011)

Angel M. SEDA, Petitioner, v. James CONWAY, Superintendent, Attica Corr. Fac., Department of Correctional Services, Respondent.

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

Order Granting Motion for Certificate of Appealability in Part April 8, 2011.

Attorney(s) appearing for the Case

Norman P. Effman, Warsaw, NY, for Petitioner.

Raymond C. Herman, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Proceeding pro se, Angel Seda ("Seda" or "Petitioner") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state custody pursuant to a judgment of conviction following a jury trial on charges of burglary in the second degree (N.Y. Penal Law § 140.25[2]) (one count) and attempted burglary in the second degree...

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