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DIXON v. BERRY

No. 86 Civ. 5388.

667 F.Supp. 139 (1987)

David DIXON, Petitioner, v. Carl D. BERRY, Superintendent, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

September 1, 1987.

Attorney(s) appearing for the Case

David Dixon, pro se.

Mario Merola, Dist. Atty., Bronx County, Bronx, N.Y., for respondents; Albert Ceva, Asst. Dist. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Following the filing by petitioner, pro se, for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, the application was referred by this Court to Magistrate Leonard Bernikow for report and recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B).

The petitioner was convicted upon a jury trial in the Supreme Court, Bronx County, of the criminal sale of a controlled substance in the third degree, in...

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