ROSENBERG v. HENDERSON

No. 89 CV 0839.

733 F.Supp. 577 (1990)

Jerome ROSENBERG, Petitioner, v. R.J. HENDERSON, Superintendent, Auburn Correctional Facility; Robert Abrams, Attorney General; Elizabeth Holtzman, District Attorney, County of Kings, Respondents.

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

April 3, 1990.


Attorney(s) appearing for the Case

Jerome Rosenberg, pro se.

Earle Giovanniello, (Elizabeth Holtzman, Dist. Atty., Brooklyn, N.Y., 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. § 2254. For the reasons discussed below, the petition is denied.

FACTS

On February 18, 1963 petitioner was convicted in New York Supreme Court, Kings County, for murder in the first degree. New York Penal Law § 1044(2) (McKinney 1944). Petitioner received a sentence of death, which was commuted...

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