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NELSON v. SMITH

CV-80-1062.

504 F.Supp. 1139 (1981)

John NELSON, Jr., Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

January 8, 1981.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler by Mark R. Hellerer, Frederick J. Baumann, Rudolph W. Giuliani, New York City, R. Nils Olsen, Jr., Buffalo, N. Y., for plaintiff.

Eugene Gold, Dist. Atty., Kings County, by Lee F. Wasserman, Brooklyn, N. Y., Robert Abrams, Atty. Gen. of the State of N. Y. by Joseph G. Homsy, Asst. Atty. Gen., Buffalo, N. Y., for defendant.

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Petitioner, convicted some ten years ago in the state court of murdering a United States Customs official, seeks a writ of habeas corpus. His claims are in essence that he was denied the assistance of counsel during critical periods following his arrest when his claim of an alibi could have been investigated and established; that the court made serious errors at trial, the most important of which were in allowing...

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