BASSIK v. SCULLY

No. CV 83-5107.

588 F.Supp. 895 (1984)

Richard BASSIK, Petitioner, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent.

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

May 29, 1984.


Attorney(s) appearing for the Case

Norman E. Frowley, New York City, for petitioner.

Denis Dillon, Nassau Dist. Atty. by Anthony Girese, Asst. Dist. Atty., Mineola, N.Y., for respondent.


MEMORANDUM AND ORDER

WEXLER, District Judge.

This is an action for a writ of habeas corpus brought under 28 U.S.C. Section 2254.

I. FACTS

In June 1977, following a jury trial, petitioner was convicted by the Nassau County Court of kidnapping in the first degree (N.Y.Penal Law Section 135.35).

It is undisputed that petitioner committed the kidnapping; petitioner's defense was insanity.

Petitioner kidnapped a six-year old...

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