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PHILLIPS v. SMITH

No. 79 Civ. 1782.

552 F.Supp. 653 (1982)

William R. PHILLIPS, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

November 24, 1982.

Attorney(s) appearing for the Case

William M. Kunstler, New York City, for petitioner.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Robert Pitler, Asst. Dist. Atty., New York City, of counsel.

MEMORANDUM DECISION

GAGLIARDI, District Judge.

This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner William Phillips, a former New York City police officer, was convicted on November 21, 1974 of two counts of murder and one count of attempted murder after a jury trial in New York State Supreme Court, New York County.1 The convictions were affirmed without opinion by the Appellate Division...

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