CARTER v. SCULLY

No. 81 Civ. 4633 (RWS).

557 F.Supp. 626 (1982)

Robert CARTER, Petitioner, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Respondent.

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

March 8, 1982.


Attorney(s) appearing for the Case

Gerald Zuckerman, New York City, for petitioner.

Mario Merola, Dist. Atty. for Bronx County, New York City, for respondent; Kevin B. Hurley, Asst. Dist. Atty., New York City, of counsel.


OPINION

SWEET, District Judge.

Petitioner Robert Carter ("Carter") seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, to set aside a judgment of conviction upon charges of murder in the second degree, assault in the first degree and possession of a weapon as a felony, entered by Honorable William Kapelman, after a jury trial on March 4-15, 1974. There being no factual issue presented, a hearing on the petition was held on December 4, 1981...

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