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ANDUJAR v. KELLY

No. CIV-85-629E.

741 F.Supp. 386 (1990)

Jose ANDUJAR, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

August 1, 1990.

Attorney(s) appearing for the Case

Cheryl Smith Fisher, Buffalo, N.Y., for petitioner.

Lisa Rubin, Asst. Dist. Atty., Bronx County, New York City, for respondents.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The petitioner seeks a writ of habeas corpus for relief from state custody — see 28 U.S.C. § 2254 —, asserting that his state court convictions were constitutionally tainted by an improper jury instruction.

The petitioner was convicted, after a jury trial in the New York State Supreme Court for Bronx County, of murder in the second degree, manslaughter in the first degree, two...

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