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PETRUCELLI v. SMITH

No. CIV-80-1056C.

544 F.Supp. 627 (1982)

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

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

August 3, 1982.

Attorney(s) appearing for the Case

Philip B. Abramowitz, Buffalo, N. Y., for petitioner.

Robert Abrams, Atty. Gen., State of N. Y. (Patrick O. McCormack, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for respondent.

CURTIN, Chief Judge.

INTRODUCTION

This habeas corpus action challenges John Petrucelli's second conviction for the murder of Joseph Gernie who, along with Liberto Moresco, was killed in a barroom shootout in Bronx County, New York in 1968. Because he was a fugitive for several years, Petrucelli was not tried until 1973 for the murders of both men and the felonious possession of a weapon. The jury acquitted him of Moresco's murder, but found him guilty on...

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