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HODGE v. HENDERSON

No. 87 Civ. 3800 (KTD).

761 F.Supp. 993 (1990)

Allen HODGE, Petitioner, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Respondent.

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

July 27, 1990.

Attorney(s) appearing for the Case

Lincoln Square Legal Services, Inc., New York City, Fordham University School of Law for petitioner; James A. Cohen, Beth G. Schwartz, Jeanette M. Samra and Magda S. Vives, Legal Interns, of counsel.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Mark Dwyer and Donald J. Siewert, Asst. Dist. Attys., of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Petitioner Allen Hodge seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). Hodge is currently a New York State prisoner serving an indeterminate prison term of fifteen years to life upon conviction of robbery in the first degree. The sentence was imposed by the Supreme Court, New York County (Fraiman, J.) after a trial by jury. On appeal, the Appellate Division, First Department...

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