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MANCUSO v. SCULLY

No. 80 CV 1250.

658 F.Supp. 383 (1986)

Alfred MANCUSO, Petitioner, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility; Robert Abrams, Attorney General of New York; and Elizabeth Holtzman, District Attorney of Kings County, Respondents.

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

December 4, 1986.

Attorney(s) appearing for the Case

Vivian Shevitz, Brooklyn, N.Y., for petitioner.

Elizabeth Holtzman, Dist. Atty., Kings County, Brooklyn, N.Y. by Janet Berk, Asst. Dist. Atty., for respondents.

MEMORANDUM AND ORDER

PLATT, District Judge.

This case comes before us on a second petition for habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, we dismiss the petition and grant a certificate of probable cause.

Following a State jury trial, petitioner was convicted of felony murder on May 11, 1978. The underlying facts are more fully set out in Mancuso v. Harris, 677 F.2d 206...

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