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SIMON v. KUHLMAN

No. 78 Civ. 3781 (WCC).

549 F.Supp. 1202 (1982)

Dallas SIMON, Petitioner, v. Robert H. KUHLMAN, Superintendent, Woodbourne Correctional Facility, Respondent.

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

October 25, 1982.

Attorney(s) appearing for the Case

Edward J. Nowak, Monroe County Public Defender, Rochester, N.Y., for petitioner; Thomas A. Klonick, Asst. Public Defender, Rochester, N.Y., of counsel.

Lawrence T. Kurlander, Monroe County Dist. Atty., Rochester, N.Y., for respondent; Melvin Bressler, Rochester, N.Y., of counsel.

OPINION AND ORDER

CONNER, District Judge.

Petitioner Dallas Simon ("Simon") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Simon originally filed his petition in this Court in 1978 attacking his August 9, 1974 conviction for first-degree robbery, possession of weapons and reckless endangerment in the first degree. In his first submission, Simon claimed (1) that his conviction was obtained as...

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