CRESCENZI v. SUPREME COURT OF STATE OF N.Y.

No. 89 Civ. 2569 (JES).

749 F.Supp. 552 (1990)

Gene CRESCENZI, Petitioner, v. SUPREME COURT OF the STATE OF NEW YORK, Respondent.

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

October 30, 1990.


Attorney(s) appearing for the Case

A. Lawrence Washburn, Jr., Deer Park, N.Y. (A. Lawrence Washburn, Jr., of counsel), for petitioner.

Robert Abrams, Atty. Gen., State of N.Y., New York City, (Vida M. Alvy, Asst. Atty. Gen., of counsel), for respondent.


MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

The above-captioned habeas corpus petition, filed pursuant to 28 U.S.C. § 2254 (1988), was referred to Magistrate Naomi Reice Buchwald for a report and recommendation and the Magistrate recommended that the petition be dismissed. For the reasons that follow, the report is adopted insofar as it recommends that the petition be dismissed because petitioner has concededly failed to exhaust available...

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