GRAHAM v. HARRIS

No. 78 Civ. 1356 (LFM).

452 F.Supp. 137 (1978)

Floyd GRAHAM, Petitioner, v. David HARRIS, Superintendent, Green Haven Correctional Facility, Respondent.

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

June 20, 1978.


Attorney(s) appearing for the Case

Kenneth E. Demario and Daniel J. Steinbock, Prisoners' Legal Services of New York, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York by Patricia C. Armstrong, Asst. Atty. Gen., New York City, for respondent.


OPINION

MacMAHON, District Judge.

Petitioner Floyd Graham applies for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254.

In 1973, petitioner was convicted in Supreme Court, Bronx County, of robbery in the first degree and possession of a weapon as a felony, both crimes arising out of the armed robbery of a Bronx tavern in August 1972. The Appellate Division modified the conviction but affirmed it in relevant part, two judges dissenting....

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