GREEN v. FOGG

No. 76 Civ. 4869 (MP).

422 F.Supp. 1034 (1976)

James X. GREEN, Petitioner, v. Walter FOGG, Acting Superintendent of Green Haven Correctional Facility, Respondent.

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

November 16, 1976.


Attorney(s) appearing for the Case

The Legal Aid Society, New York City, for petitioner; William E. Hellerstein, William J. Gallagher, Ursula Bentele, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent; Charles A. Bradley, Asst. Atty. Gen., Buffalo, N. Y., of counsel.


OPINION

POLLACK, District Judge.

Petitioner, a state prisoner, seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, on the ground that he was convicted in alleged violation of due process when (a) he was required to disclose his alibi witnesses without obtaining reciprocal discovery of the prosecution's rebuttal witnesses, and (b) he was found guilty of robbery in the first degree without affirmative proof by the prosecution of an essential...

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