ROSARIO v. KUHLMAN

No. 86 Civ. 5593 (WK).

658 F.Supp. 1408 (1987)

Willie ROSARIO, Petitioner, v. Robert KUHLMAN, Superintendent of Sullivan Correctional Facility, Respondent.

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

April 21, 1987.


Attorney(s) appearing for the Case

Janet Claire Le, Philip L. Weinstein, The Legal Aid Society, New York City, for petitioner.

Lisa Margaret Smith, Melissa Harrison, Dist. Atty., King's County, Brooklyn, N.Y., for respondent.


WHITMAN KNAPP, District Judge.

Willie Rosario petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254. He claims that the trial court's refusal to permit introduction of the perpetuated testimony of his sole witness, a young woman who had testified at the previous trial of a co-defendant, violated his constitutional rights. Respondent seeks dismissal of the petition for failure to raise a federal constitutional claim...

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