APONTE v. SCULLY

No. 88 CV 3995.

740 F.Supp. 153 (1990)

Evaristo APONTE, Plaintiff, v. Charles J. SCULLY, Superintendent, Green Haven Correctional Facility; Robert Abrams, New York State Attorney General; Charles J. Hynes, District Attorney, Kings County, Defendants.

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

June 19, 1990.


Attorney(s) appearing for the Case

Martin Geduldig, for petitioner.

Leonard Joblove (Charles J. Hynes, Dist. Atty., Kings County) for respondent.


MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

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

FACTS

Petitioner and two codefendants, Luis Maldonaldo and Anderson Garcia, were charged with the murders of Victor Martinez and Robert Toro. According to the two-count indictment, petitioner was an accessory to the Martinez murder and fired the shotgun that...

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