DIAZ v. LeFEVRE

No. 87 Civ. 1200 (MEL).

688 F.Supp. 945 (1988)

Oswaldo DIAZ, Petitioner, v. E.S. LeFEVRE, Superintendent, Clinton Correctional Facility, and Thomas A. Coughlin III, Commissioner, N.Y.S. Department of Correctional Services, Respondents.

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

June 23, 1988.


Attorney(s) appearing for the Case

Robert A. Sackett, New York City, for petitioner.

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


LASKER, District Judge.

Oswaldo Diaz, currently in the custody of the New York State Department of Correctional Services, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He contends that during his trial, his constitutional rights to due process and a fair trial and his privilege against self-incrimination were violated, and that his sentence violated the Eighth Amendment prohibition against cruel and unusual punishment. The petition is denied...

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