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BURTIS v. DALSHEIM

No. 81 Civ. 4142 (MEL).

536 F.Supp. 805 (1982)

John S. BURTIS, Petitioner, v. Stephen DALSHEIM, Superintendent Downstate Correctional Facility, Respondent.

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

April 23, 1982.

Attorney(s) appearing for the Case

John S. Burtis, pro se.

Patrick Henry, Dist. Atty. of Suffolk County, Riverhead, N. Y., for respondent; Charles M. Newell, Riverhead, N. Y., of counsel.

LASKER, District Judge.

John Burtis ("Burtis") was convicted of burglary and sexual abuse in the first degree after trial by jury in County Court, Suffolk County. The facts of the crime and of Burtis' identification are brief. The victim, Ms. Bailes, testified that she was awakened at approximately 3:00 to 3:30 a.m. by a loud noise and found a strange man in her bedroom. The man threatened to kill her and then sexually assaulted her, during the course of which he...

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