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CARTER v. SCULLY

No. 89 CV 1834.

745 F.Supp. 854 (1990)

Robert CARTER, Petitioner, v. Charles J. SCULLY, Superintendent; Greenhaven Correctional Facility; Robert Abrams, Attorney General, State of New York; John Santucci, District Attorney, County of Queens, Respondents.

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

August 23, 1990.

Attorney(s) appearing for the Case

Robert Carter, pro se.

Michael O'Brien, John Santucci, Dist. Atty., Queens County, for respondents.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Petitioner, pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons discussed below, the motion is denied.

FACTS

On December 15, 1978, petitioner pled guilty in New York Supreme Court, Queens County, to second degree murder. N.Y.Penal Law § 125.25 (McKinney 1987). Petitioner was subsequently sentenced to serve a term of twenty years to life imprisonment...

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