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CEDERBAUMS v. HARRIS

No. 79 Civ. 330 (CHT).

473 F.Supp. 1238 (1979)

Juris G. CEDERBAUMS, as next of friend, attorney for and in behalf of Fernando Martinez, Petitioner, v. David HARRIS, Superintendent, Greenhaven Correctional Facility, Respondent.

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

July 20, 1979.

Attorney(s) appearing for the Case

Juris G. Cederbaums, pro se.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for respondent; Stephen M. Jacoby, Asst. Atty. Gen., New York City, of counsel.

OPINION

TENNEY, District Judge.

Fernando Martinez, currently a prisoner of New York State serving a sentence of 15 years to life on a drug possession conviction, petitions this Court for a writ of habeas corpus. 28 U.S.C. § 2254. Martinez asserts deprivation of due process in two regards. First, he states that the presumption contained in New York Penal Law § 220.25, i. e., that except in certain situations all occupants of a motor vehicle...

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