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UNITED STATES EX REL. HOOVER v. STATE OF N. Y.

No. 77 Civ. 2529 (JMC).

469 F.Supp. 481 (1979)

UNITED STATES of America ex rel. David HOOVER, Petitioner, v. The STATE OF NEW YORK, Respondent.

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

March 28, 1979.

Attorney(s) appearing for the Case

David Blackstone, New York City (Donald E. Nawi, New York City, on brief), for petitioner.

Robert Abrams, Atty. Gen. of the State of New York, New York City (Paul E. Dahlman, Deputy Asst. Atty. Gen., New York City, of counsel), for respondent.

MEMORANDUM DECISION

CANNELLA, District Judge:

Petition for a writ of habeas corpus is denied. 28 U.S.C. § 2254.

Pursuant to an Order of the Court, United States Magistrate Leonard Bernikow conducted an evidentiary hearing and submitted proposed findings of fact accompanied by a recommendation that the writ be granted. The Magistrate found that petitioner's state court plea of guilty to robbery in...

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