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CARBALLEA v. SMITH

No. 81 Civ. 7932 (JES).

574 F.Supp. 154 (1983)

Julio Antonio CARBALLEA, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

As Amended December 1, 1983.

Attorney(s) appearing for the Case

Julio Antonio Carballea, pro se petitioner.

Robert M. Morgenthau, Dist. Atty., New York City, for respondent; Mark Dwyer, Donald J. Siewert, Asst. Dist. Attys., New York City, of counsel.

OPINION & ORDER

SPRIZZO, District Judge.

Petitioner Julio Antonio Carballea seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in state custody serving a sentence of twenty-five years to life following a conviction in New York Supreme Court, New York County, for second degree murder. The Appellate Division, First Department, affirmed his conviction without opinion, and leave to appeal to the New York Court of Appeals was...

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