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McPHAIL v. WARDEN, ATTICA CORRECTIONAL FACILITY

No. 81 Civ. 4145 (PNL).

539 F.Supp. 165 (1982)

Willard McPHAIL, Petitioner, v. WARDEN, ATTICA CORRECTIONAL FACILITY, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

April 2, 1982.

Attorney(s) appearing for the Case

Willard McPhail, Attica Correctional Facility, pro se.

Carl A. Vergari, Dist. Atty., Westchester County, White Plains, N. Y., for respondents.

OPINION AND ORDER

LEVAL, District Judge.

This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was charged in New York Supreme Court with murder in the second degree (two counts), kidnapping in the second degree, and criminal possession of a weapon in the fourth degree. His motion to suppress statements made by him to police officers was denied after hearing.

On November 17, 1975, Petitioner was convicted on...

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