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LOPEZ v. SCULLY

No. 89 CV 0886.

716 F.Supp. 736 (1989)

Francisco LOPEZ, Petitioner, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility; Robert Abrams, Attorney General, State of New York; Elizabeth Holtzman, District Attorney, County of Kings, Respondents.

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

July 21, 1989.

Attorney(s) appearing for the Case

Francisco Lopez, pro se.

Tammy J. Smiley, Asst. Dist. Atty., and Elizabeth Holtzman, Dist. Atty., Kings County, for respondents.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Petitioner, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2255. For the reasons discussed below, the petition is denied.

FACTS

Petitioner was charged in Kings County Indictment No. 5272/74 with three counts of second degree murder, two counts of second degree burglary, criminal possession of a weapon in the second degree and

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